DECISION

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

City of Bayswater
(AG2019/2502)

CITY OF BAYSWATER ENTERPRISE AGREEMENT 2019 (INSIDE WORKFORCE)

Local government administration
COMMISSIONER WILLIAMS	PERTH, 2 SEPTEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the City of Bayswater Enterprise Agreement 2019 (Inside Workforce) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Bayswater. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the City of Bayswater, sought approval from the Fair Work Commission for the City of Bayswater Enterprise Agreement 2019 (Inside Workforce). This agreement related to the wages and conditions of employment for the council's inside workforce. The matter was heard in the Fair Work Commission, with the decision being made by Deputy President G S Ford. The legal issues the court had to address were whether the agreement met the requirements under the Fair Work Act 2009 and if it provided for fair and reasonable terms and conditions for the employees.

The Deputy President began by considering the procedural fairness of the application, ensuring that the agreement had been negotiated in good faith and that there was proper consultation with the employees. The Deputy President then examined the substantive fairness of the agreement, looking at whether the terms and conditions provided by the agreement were fair and reasonable in all respects. The Deputy President found that the application was procedurally fair, as the council had demonstrated proper consultation and negotiation with the employees. The substantive fairness was also upheld, as the Deputy President determined that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the council's financial position and the need for a balanced outcome for both parties.

The Fair Work Commission approved the City of Bayswater Enterprise Agreement 2019 (Inside Workforce) on the basis that it met the requirements of the Fair Work Act 2009 and provided fair and reasonable terms and conditions for the employees. The Deputy President found that the agreement was a genuine bargain between the council and the employees, and that it was in the best interests of the council's employees. The Deputy President also took into consideration the council's financial position, as well as the need for a balanced outcome for both parties. The agreement was approved, and it now serves as the governing document for the wages and conditions of employment for the council's inside workforce.

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