Warrnambool City Council T/A City of Warrnambool

[2022] FWCA 4036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Warrnambool City Council T/A City of Warrnambool

(AG2022/4513)

Warrnambool City Council Enterprise Agreement No 9 – 2022

Local government administration
COMMISSIONER JOHNS	MELBOURNE, 17 NOVEMBER 2022

Application for approval of the Warrnambool City Council Enterprise Agreement No 9 - 2022

An application has been made for approval of an enterprise agreement known as the Warrnambool City Council Enterprise Agreement No 9 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrnambool City Council T/A City of Warrnambool. The Agreement is a single enterprise agreement.

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

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the Warrnambool City Council Enterprise Agreement No 9 - 2022. The applicant, Warrnambool City Council, seeks approval of the agreement from the Fair Work Commission. The dispute revolves around the terms and conditions outlined in the proposed enterprise agreement and the requirements for its approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it had been appropriately negotiated.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, specifically whether it was made in good faith and provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement had been appropriately negotiated, whether it contained appropriate dispute resolution mechanisms, and whether it complied with the requirements for approval of an enterprise agreement under the Fair Work Act. The Commission also needed to assess whether the agreement included adequate provisions for employee consultation and participation.

In delivering its decision, the Commission found that the Warrnambool City Council Enterprise Agreement No 9 - 2022 met the statutory requirements for approval. The Commission concluded that the agreement was made in good faith, provided for fair and reasonable terms and conditions, and was appropriately negotiated. The agreement included suitable dispute resolution mechanisms and complied with the legislative requirements for employee consultation and participation. The Commission noted that the agreement contained provisions that were consistent with relevant industry benchmarks and considered the views of both the employer and the employees. As a result, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's decision to approve the Warrnambool City Council Enterprise Agreement No 9 - 2022 sets a precedent for similar agreements in the local government sector. By confirming that the agreement met the necessary legal standards, the Commission has provided clarity for both employers and employees regarding the terms and conditions of employment. The approval of this agreement is expected to provide a framework for fair and reasonable employment terms within the council, promoting a stable and productive working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established