Town of Cambridge Summary

[2014] FWCA 2736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Cambridge
(AG2014/4118)

WEMBLEY GOLF COURSE RETAIL OPERATIONS COLLECTIVE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 28 APRIL 2014

Application for approval of the Wembley Golf Course Retail Operations Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wembley Golf Course Retail Operations Collective 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 Town of Cambridge. 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 Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Town of Cambridge, acting as the employer, applied for the approval of the Wembley Golf Course Retail Operations Collective Agreement 2014 with the Fair Work Commission. The agreement in question was a collective agreement under the Fair Work Act 2009, intended to regulate the terms and conditions of employment for retail operations at the Wembley Golf Course. The dispute involved the scope of the agreement's application to certain employees, particularly those who were casual workers.

The primary legal issue before the court was whether the collective agreement should be approved as it was, or if it required modifications to ensure it complied with the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement appropriately covered all employees intended to be subject to it, and if it provided adequate protections and terms for casual workers. The court also had to consider whether the agreement's provisions were fair and reasonable, and if they aligned with the principles of the Fair Work Act.

The court examined the provisions of the collective agreement and found that while most of the terms were fair and reasonable, there were deficiencies in the agreement's coverage of casual workers. The court noted that the agreement did not explicitly address the terms and conditions applicable to casual employees, which was a critical oversight. As a result, the court determined that the agreement needed amendments to ensure it appropriately covered all intended employees and provided fair terms for casual workers. The court made specific orders for the inclusion of provisions that would clearly define the terms and conditions for casual employees, ensuring compliance with the Fair Work Act.

The court granted the application for approval of the collective agreement, subject to the inclusion of the specified amendments. These amendments were necessary to ensure that the agreement covered all intended employees, including casual workers, and provided fair and reasonable terms. The court's decision highlighted the importance of comprehensive coverage in collective agreements to protect all employees under the agreement.

Town of Cambridge

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established