DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City of Bayswater
(AG2020/1795)

CITY OF BAYSWATER ENTERPRISE AGREEMENT 2019 (INSIDE WORKFORCE)

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 JULY 2020

Application for variation of the City of Bayswater Enterprise Agreement 2019 (Inside Workforce).

[1] An application has been made for approval of a variation to the City of Bayswater Enterprise Agreement 2019 (Inside Workforce) (the Agreement). The application was made by the City of Bayswater pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 6 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Bayswater applied for a variation of the 2019 Enterprise Agreement with the Inside Workforce, which covers employees not included in the broader local government award. The application was heard by the Fair Work Commission. The central issue was whether the requested changes to the agreement were necessary to allow the City of Bayswater to operate as a financially sustainable local government entity. The legal question was whether the application satisfied the criteria for a variation under the Fair Work Act 2009.

The Commission considered the financial viability of the City of Bayswater, the reasonableness of the proposed changes, and the impact on employees. It found that the City of Bayswater was facing significant financial challenges and that the proposed changes would help ensure its sustainability. The Commission also found that the changes were reasonable and did not unfairly disadvantage employees. The Commission concluded that the application met the criteria for a variation under the Fair Work Act.

The Commission varied the Enterprise Agreement to reflect the changes requested by the City of Bayswater. The new agreement includes changes to working arrangements, leave entitlements, and other conditions of employment. The Commission noted that the changes were necessary to ensure the financial sustainability of the City of Bayswater and that they were reasonable and did not unfairly disadvantage employees. The City of Bayswater and the Inside Workforce have the right to apply to the Commission for a review of the variation within 12 months of the decision.

City of Bayswater

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established