DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Bayswater
(AG2019/2516)

CITY OF BAYSWATER ENTERPRISE AGREEMENT 2019 (OUTSIDE WORKFORCE)

Local government administration
COMMISSIONER WILLIAMS	PERTH, 27 AUGUST 2019

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

[1] An application has been made for approval of an enterprise agreement known as the City of Bayswater Enterprise Agreement 2019 (Outside Workforce) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 3 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 case before the court involved the City of Bayswater and its application for approval of the City of Bayswater Enterprise Agreement 2019 (Outside Workforce). This agreement pertains to the terms and conditions of employment for certain employees of the City of Bayswater who are not represented by a registered union. The application was lodged with the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly in relation to the provisions that were not subject to enterprise bargaining and those that dealt with non-unionised employees. Specifically, the court needed to assess whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or registered agreements and whether it contained provisions that were outside the scope of permissible matters under the Act. Additionally, the court had to consider whether the agreement had been genuinely negotiated and whether it met the requirements for being a single, integrated agreement.

In reaching its decision, the court examined the provisions of the proposed agreement in detail. It found that the agreement contained terms and conditions that were no less favourable than the applicable awards or registered agreements, and that it complied with the requirements for non-unionised employees. The court also determined that the agreement had been genuinely negotiated and was a single, integrated document. Consequently, the court approved the City of Bayswater Enterprise Agreement 2019 (Outside Workforce), finding that it met all the necessary statutory criteria.

As a result of the court's decision, the City of Bayswater Enterprise Agreement 2019 (Outside Workforce) was approved and came into effect. This decision provided clarity and certainty to the terms and conditions of employment for the relevant employees, ensuring that the agreement complied with the statutory requirements under the Fair Work Act.

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