DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Wanneroo
(AG2019/1032)

CITY OF WANNEROO WASTE SERVICES ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 1 JULY 2019

Application for approval of the City of Wanneroo Waste Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the City of Wanneroo Waste Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Wanneroo. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 5 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Wanneroo sought approval of the 2019 Waste Services Enterprise Agreement, which was to govern the employment terms of its waste services employees. The dispute arose when the union representing the employees, the Liquor, Hospitality and Miscellaneous Workers Union (LHMU), challenged the agreement's validity. The matter was brought before the Fair Work Commission to determine whether the agreement met the necessary criteria for approval.

The legal issues at the heart of this case were whether the City of Wanneroo had correctly followed the procedural requirements for approving the enterprise agreement, and whether the agreement itself was fair and reasonable in terms of its impact on the employees. Specifically, the LHMU argued that the agreement did not adequately address the employees' concerns regarding pay rates, conditions, and job security.

The Fair Work Commission found that the City of Wanneroo had followed the correct procedures in approving the agreement, as required by the Fair Work Act 2009. The Commission also determined that the agreement was fair and reasonable, despite the union's objections. It found that the agreement provided for a reasonable balance of the interests of both the employees and the employer, and that it met the criteria for approval as set out in the legislation. The Commission noted that the agreement included provisions for pay increases, improved working conditions, and job security measures that addressed the union's concerns.

The Fair Work Commission approved the City of Wanneroo Waste Services Enterprise Agreement 2019, confirming its validity and effectiveness. The Commission's decision was based on its finding that the agreement met the necessary criteria for approval under the Fair Work Act 2009, and that it represented a fair and reasonable outcome for both the employer and the employees. The agreement will now govern the employment terms of the City of Wanneroo's waste services employees, as intended.

City of Wanneroo

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established