DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

City of Wanneroo
(AG2017/649)

CITY OF WANNEROO ASSET OPERATIONS ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2017

Application for approval of the City of Wanneroo Asset Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Wanneroo Asset Operations Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the City of Wanneroo. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Board Union (WA Division) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2017. The nominal expiry date of the Agreement is 28 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the City of Wanneroo, the dispute centred on the application for approval of the City of Wanneroo Asset Operations Enterprise Agreement 2017. The applicant sought the court's endorsement of the agreement, which was intended to govern the terms and conditions of employment for certain employees within the asset operations division of the City of Wanneroo. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the court involved whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether it met the standards of procedural fairness. Additionally, the court needed to assess whether the agreement provided for the fair and reasonable terms and conditions of employment for the affected employees. The applicant argued that the agreement was negotiated in good faith and provided fair outcomes for the employees, while no objections were raised by the employees themselves.

The Fair Work Commission carefully reviewed the agreement and found that it had been negotiated in good faith and met the procedural requirements of the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. As such, the application for approval was granted, and the City of Wanneroo Asset Operations Enterprise Agreement 2017 was approved by the Commission.

The court's decision was final, and no further orders were made beyond the approval of the agreement. The City of Wanneroo Asset Operations Enterprise Agreement 2017 was now legally binding on the parties involved, governing the terms and conditions of employment for the specified employees within the asset operations division of the City of Wanneroo.

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