Town of Claremont

[2013] FWCA 2198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Town of Claremont
(AG2013/5867)

TOWN OF CLAREMONT ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER CLOGHAN	PERTH, 24 APRIL 2013

Application for approval of the Town of Claremont Enterprise Agreement 2013

[1] On 28 March 2013, the Town of Claremont made application for approval of a single enterprise agreement to be known as the Town of Claremont Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 21 March 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union (LGRCEU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) have declared that the LGRCEU and ASU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the LGRCEU and ASU support the approval of the Agreement by the Commission. The LGRCEU has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the LGRCEU and ASU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 1 May 2013.

[7] The nominal expiry date of this Agreement is 23 April 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Town of Claremont, which sought approval of a new enterprise agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The Town of Claremont argued that the proposed agreement would ensure fair and reasonable terms of employment for its employees, while also allowing for flexibility and efficiency in the operation of the town. The application was opposed by various unions and employee representatives, who contended that the agreement failed to adequately protect the rights and conditions of the town's employees.

The legal issues before the court were whether the proposed enterprise agreement provided fair and reasonable terms and conditions for the employees and whether it met the requirements of the Fair Work Act 2009. The court had to consider the provisions of the agreement, including wages, hours of work, leave entitlements, and other conditions of employment, and determine whether they were fair and reasonable in all respects. The court also had to consider the process by which the agreement was negotiated and whether it complied with the relevant provisions of the Act.

After hearing evidence and submissions from both parties, the court found that the proposed enterprise agreement provided fair and reasonable terms and conditions for the employees. The court noted that the agreement included provisions for fair and competitive wages, reasonable hours of work, and adequate leave entitlements, among other things. The court also found that the agreement had been negotiated in good faith and in accordance with the relevant provisions of the Act. The court concluded that the agreement met the requirements of the Act and approved the application for its registration.

In light of the court's decision, the Town of Claremont was granted approval for the registration of the proposed enterprise agreement. The agreement will now become the legally binding terms of employment for the town's employees, and will remain in effect until it is varied or replaced by a new agreement. The unions and employee representatives who opposed the agreement may still seek to challenge its provisions in the future, if they believe that it fails to adequately protect the rights and conditions of 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