FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Greater Geraldton
(AG2015/5214)

CITY OF GREATER GERALDTON ENTERPRISE AGREEMENT 2015-2018

Local government administration
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the City of Greater Geraldton Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the City of Greater Geraldton Enterprise Agreement 2015-2018 (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 Greater Geraldton. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from City of Greater Geraldton. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Mader International Pty Ltd sought approval for the City of Greater Geraldton Enterprise Agreement 2015-2018, which it had entered into with the Transport Workers Union (WA) Branch. The City of Greater Geraldton, the employer, opposed the application on the grounds that the agreement failed to meet the requirements for a modern award under section 230 of the Fair Work Act 2009. The City argued that the agreement did not adequately address several aspects of the award, including leave entitlements, shift penalties, and meal break provisions.

The legal issues before the Commission were whether the enterprise agreement provided for the mandatory terms of a modern award and if it covered all employees as required by the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the minimum terms that a modern award must include and if it was compliant with the requirements for the approval of an enterprise agreement under the Fair Work Act.

The Fair Work Commission found that the City of Greater Geraldton Enterprise Agreement 2015-2018 did not provide for the mandatory terms of a modern award as required under the Fair Work Act. The Commission noted that the agreement did not address certain leave entitlements and shift penalties in a manner consistent with the City of Geraldton (General) Award 2010. Additionally, the agreement did not contain a provision for meal breaks, which is a mandatory term of the award. The Commission held that these deficiencies rendered the agreement non-compliant with the requirements for approval under the Fair Work Act. Consequently, the application for approval was dismissed.

The Fair Work Commission did not make any specific orders beyond dismissing the application for approval of the enterprise agreement. The decision emphasised the importance of enterprise agreements aligning with the mandatory terms of the relevant modern award to secure approval.

Mader International Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established