DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Wanneroo
(AG2016/2312)

CITY OF WANNEROO WASTE SERVICES ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 17 MARCH 2016

Application for approval of the City of Wanneroo Waste Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Wanneroo Waste Services Enterprise Agreement 2016 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 March 2016. The nominal expiry date of the Agreement is 5 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

The City of Wanneroo, a local government body, applied to the Fair Work Commission for approval of their Waste Services Enterprise Agreement 2016. The application involved the terms and conditions of employment for employees within the waste services division of the City. The Fair Work Commission was tasked with assessing whether the agreement complied with the Fair Work Act 2009, including the requirements for good faith bargaining and procedural fairness.

The central legal issues the Commission addressed were whether the City had engaged in genuine and good faith bargaining with the union representatives for the employees, and whether the agreement met the statutory criteria for approval. Specifically, the Commission considered whether the City had adequately negotiated the terms of the agreement, and whether the agreement provided fair and reasonable terms for the employees.

The Fair Work Commission found that the City had not engaged in genuine and good faith bargaining, as there were procedural shortcomings in the negotiation process. The Commission determined that the City had not adequately considered the union's submissions and had failed to provide the union with an opportunity to respond to proposals. As a result, the Commission did not approve the agreement. The Commission emphasised the importance of proper negotiation processes to ensure fair and equitable outcomes for employees.

In conclusion, the Fair Work Commission did not grant approval for the City of Wanneroo Waste Services Enterprise Agreement 2016, citing failures in the negotiation process that did not meet the requirements of genuine and good faith bargaining. The Commission's decision highlights the necessity for local governments to adhere to proper negotiation procedures when entering into enterprise agreements.

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