DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Bayswater
(AG2017/781)

CITY OF BAYSWATER, ENTERPRISE AGREEMENT 2017 (OUTSIDE WORKFORCE)

Local government administration
COMMISSIONER ROE	MELBOURNE, 10 APRIL 2017

Application for approval of the City of Bayswater, Enterprise Agreement 2017 (Outside Workforce).

[1] An application has been made for approval of an enterprise agreement known as the City of Bayswater, Enterprise Agreement 2017 (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] The Applicant 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.

[3] 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.

[4] The Australian Municipal Administrative, Clerical and Services Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Boards Union, WA Division being the 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.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 17 April 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Bayswater sought approval from the Fair Work Commission for the Enterprise Agreement 2017 (Outside Workforce). The application was made under section 232 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the City’s outside workforce, including the classification of employees, remuneration, and working conditions.

The primary legal issue was whether the proposed enterprise agreement met the requirements of the Fair Work Act. The City argued that the agreement was fair and reasonable, while the union representing the employees contended that certain provisions were unfair. The Court needed to assess the fairness of the agreement in accordance with the criteria set out in the Act, including whether it was in the best interests of the employees and whether it complied with the applicable awards and regulations.

The Court found that the enterprise agreement was fair and reasonable. It considered the evidence presented by both parties and concluded that the agreement did not contain any terms that were unfair within the meaning of the Act. The Court also determined that the agreement was in the best interests of the employees, taking into account the overall benefits and protections it provided. Therefore, the Court approved the City of Bayswater Enterprise Agreement 2017 (Outside Workforce) under section 232 of the Fair Work Act 2009.

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