Bayside City Council

[2022] FWCA 2655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bayside City Council

(AG2022/2484)

Bayside City Council Enterprise Agreement No. 9, 2022

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 AUGUST 2022

Application for approval of the Bayside City Council Enterprise Agreement No. 9, 2022.

An application has been made for approval of an enterprise agreement known as the Bayside 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 Bayside City Council. 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 Australian Nursing and Midwifery Federation, 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 12 August 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, Bayside City Council applied for the approval of the Bayside City Council Enterprise Agreement No. 9, 2022, between the council and the Public Sector Management Association of Victoria. The dispute centred around the terms and conditions of employment for council employees, as outlined in the proposed agreement. The court was tasked with determining whether the agreement was fair and reasonable for the employees and whether it complied with the relevant legislation.

The legal issues before the court involved assessing the fairness and reasonableness of the proposed enterprise agreement. This included an examination of the agreement's provisions concerning wages, working conditions, dispute resolution mechanisms, and other employment terms. The court had to consider the implications of the agreement on both the employees and the council, ensuring that it adhered to the standards set out in the Fair Work Act 2009.

The court found that the agreement was fair and reasonable, meeting the criteria under the Fair Work Act. The court was satisfied that the agreement provided for appropriate wages and working conditions, and that it included effective mechanisms for resolving disputes. Furthermore, the court concluded that the agreement was consistent with the principles of good faith bargaining and did not undermine the rights of the employees. Based on this assessment, the court approved the Bayside City Council Enterprise Agreement No. 9, 2022.

The court's final order was that the Bayside City Council Enterprise Agreement No. 9, 2022, be approved and registered. This decision ensured that the agreement could be implemented, providing a framework for the employment terms of council employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established