Whitehorse City Council

[2022] FWCA 2473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Whitehorse City Council

(AG2022/2339)

Whitehorse City Council Collective Agreement 2022

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JULY 2022

Application for approval of the Whitehorse City Council Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Whitehorse City Council Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whitehorse City Council. The Agreement is a single enterprise agreement.

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

The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation 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 28 July 2022. The nominal expiry date of the Agreement is 27 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Whitehorse City Council, sought approval for its collective agreement with employees for the 2022 financial year. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards and requirements set forth by the Fair Work Act 2009. The dispute centred on various provisions of the proposed agreement, including terms and conditions of employment, wage rates, and dispute resolution mechanisms.

The legal issues before the Commission involved assessing whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees and the employer. The Commission had to consider the principles of good faith bargaining, the need for the agreement to promote harmonious, productive and cooperative workplace relations, and whether the agreement unfairly disadvantaged any party. The Commission also had to ensure that the agreement did not contain any terms that would undermine the protection of employees' rights and entitlements.

In delivering its decision, the Commission found that the proposed agreement met the necessary statutory requirements and was in the best interests of both the employees and the employer. The Commission acknowledged that the agreement had been the result of genuine and good faith negotiations between the parties and that it promoted harmonious, productive and cooperative workplace relations. The Commission found that the agreement contained appropriate dispute resolution mechanisms and that the terms and conditions of employment were fair and reasonable. The Commission also considered the economic and operational context in which the agreement was made, and found that it was not likely to have any adverse effects on the employer's ability to conduct its business.

The Fair Work Commission approved the Whitehorse City Council Collective Agreement 2022, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The Commission ordered that the agreement be registered and that it would take effect from 1 July 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established