City of Wanneroo Summary

[2014] FWCA 6610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Wanneroo
(AG2014/8534)

CITY OF WANNEROO FLEET SERVICES ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 24 SEPTEMBER 2014

Application for approval of the City of Wanneroo Fleet Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Wanneroo Fleet Services Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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) of the Act 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 1 October 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, City of Wanneroo, sought approval for the 2014 Fleet Services Enterprise Agreement, which governed the terms and conditions of employment for its fleet service employees. 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 primary legal issue before the Commission was whether the agreement provided for terms and conditions that were no less favourable than the applicable national employment standards and protected from adverse action. The applicant argued that the agreement satisfied all legislative requirements and was in the best interests of the employees.

The Commission examined the agreement clause by clause, comparing them against the relevant national employment standards and the provisions of the Fair Work Act. The Commission found that the agreement did not include a clause that expressly prohibited adverse action against employees for asserting their rights under the Act, which was a requirement under section 338 of the Fair Work Act. Additionally, the agreement did not explicitly state the minimum notice periods for termination of employment, which was necessary under section 116 of the Act. Despite these shortcomings, the Commission noted that the agreement contained provisions that substantially replicated the entitlements provided by the national employment standards and the Act. Considering these factors, the Commission concluded that the agreement was not entirely compliant with the Act but was not so deficient as to warrant refusal of approval. The Commission granted approval for the agreement, subject to certain conditions that addressed the identified shortcomings.

In light of the above, the Commission made orders approving the 2014 Fleet Services Enterprise Agreement, with conditions that required the applicant to include a clause expressly prohibiting adverse action against employees and to explicitly state the minimum notice periods for termination of employment. The applicant was required to implement these changes within a specified timeframe. The Commission's decision was a balanced approach that recognised the substantial compliance of the agreement while also ensuring that the necessary legal requirements were met.

City of Wanneroo

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established