DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Wanneroo
(AG2016/2239)

CITY OF WANNEROO FLEET SERVICES ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 8 MARCH 2016

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

[1] An application has been made for approval of an enterprise agreement known as the City of Wanneroo Fleet 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] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 15 March 2016. The nominal expiry date of the Agreement is 6 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Wanneroo, represented by its fleet services department, sought approval for a new enterprise agreement from 2016. The application was made to the Fair Work Commission, which was tasked with ensuring that the proposed agreement complied with the Fair Work Act 2009. The City of Wanneroo aimed to establish terms and conditions for its fleet services employees that were deemed fair and reasonable, while also considering the operational needs of the municipality.

The central legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act, specifically in relation to procedural fairness, the consideration of employee interests, and the overall reasonableness of the terms proposed. The Commission had to determine if the City had appropriately balanced its operational needs with the rights and interests of the employees involved. This involved assessing the consultation process followed by the City, the fairness of the terms regarding pay and conditions, and whether the agreement provided for effective dispute resolution mechanisms.

The Commission found that the City of Wanneroo had adequately consulted with its employees and their representatives in the negotiation process. The terms of the agreement were deemed fair, considering both the operational requirements of the fleet services and the interests of the employees. The Commission was satisfied that the City had provided adequate justification for the proposed changes and that the agreement was not unreasonable in a manner that would contravene the principles of procedural fairness. Consequently, the Commission approved the City of Wanneroo Fleet Services Enterprise Agreement 2016, confirming that it complied with the relevant legislative standards.

No further orders were made by the Commission, as the approval of the agreement concluded the proceedings.

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