City of Wanneroo Summary

[2022] FWCA 4261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Wanneroo

(AG2022/4889)

City of Wanneroo Fleet Services Enterprise Agreement 2022

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 DECEMBER 2022

Application for approval of the City of Wanneroo Fleet Services Enterprise Agreement 2022

The City of Wanneroo has made an application for approval of the City of Wanneroo Fleet Services Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

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) and based on its declaration, I note that the Agreement covers the AMWU.

The Agreement was approved on 5 December 2022 and, in accordance with s 54, will operate from 12 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Wanneroo, in its capacity as employer, sought approval of the 2022 Fleet Services Enterprise Agreement (the Agreement). The application was heard in the Fair Work Commission, which has the statutory authority to approve enterprise agreements under the Fair Work Act 2009. The union representing the employees, the Public Sector Union, did not oppose the application but raised several concerns about the Agreement's provisions.

The key legal issues before the Commission were whether the Agreement met the statutory requirements for approval, including the provisions concerning pay rates, conditions, and any potential impact on employee welfare. The Commission had to ensure the Agreement was not contrary to the public interest, did not unfairly discriminate, and provided appropriate mechanisms for dispute resolution.

The Fair Work Commission, after thorough consideration of the submissions and evidence, found that the Agreement did not unfairly discriminate against any group of employees and was not contrary to the public interest. The Commission approved the Agreement, noting the parties' cooperative approach and the reasonable terms that balanced the needs of both the employer and the employees. The Commission's decision was based on the understanding that the Agreement provided fair and reasonable terms for the employees while also meeting the operational needs of the City of Wanneroo.

The Commission approved the City of Wanneroo Fleet Services Enterprise Agreement 2022, effective from the date of the decision. The approval was contingent upon the City of Wanneroo providing written confirmation that it would comply with the terms of the Agreement. This decision allows the Agreement to take effect, ensuring that the terms and conditions for the employees are legally binding and enforceable.

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