Town of Cambridge

[2013] FWCA 8722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Cambridge
(AG2013/10945)

TOWN OF CAMBRIDGE EMPLOYEES’ COLLECTIVE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 7 NOVEMBER 2013

Application for approval of the Town of Cambridge Employees’ Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Town of Cambridge Employees’ Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 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) of the Act I note that the Agreement covers the organisation.

[4] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Town of Cambridge Employees’ Collective Agreement 2013. The Town of Cambridge applied to the Industrial Court of Western Australia for the approval of the agreement, which outlined terms and conditions of employment for its employees. The dispute centred on whether the terms of the agreement were reasonable and in line with the relevant industrial legislation.

The primary legal issue before the court was to determine if the agreement's terms and conditions were fair and reasonable, particularly in the context of the relevant industrial laws. The court had to scrutinise the provisions of the agreement to ensure they did not contravene any legislative requirements or principles of natural justice.

The court considered the terms of the agreement and found that they were fair and reasonable. It confirmed that the agreement did not contravene any relevant industrial legislation and adhered to the principles of natural justice. Consequently, the court approved the Town of Cambridge Employees’ Collective Agreement 2013. The decision was based on a comprehensive review of the agreement, ensuring that it met all necessary legal standards.

The court ordered the approval of the Town of Cambridge Employees’ Collective Agreement 2013, recognising it as compliant with the relevant industrial laws and principles. The agreement was thus deemed to be valid and enforceable, providing a clear framework for the terms and conditions of employment for the town's employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established