DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Bayswater
(AG2017/260)

CITY OF BAYSWATER ENTERPRISE AGREEMENT 2017 (INSIDE WORKFORCE)

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 14 FEBRUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the City of Bayswater Enterprise Agreement 2017 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 14 February 2017 and, in accordance with s.54, will operate from 21 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the City of Bayswater and the Australian Council of Trade Unions Local Government Division (ACTU LGD). The dispute centred around the approval of the City of Bayswater Enterprise Agreement 2017 (Inside Workforce). The case was heard by the Fair Work Commission (FWC). The ACTU LGD sought approval of the agreement, while the City of Bayswater raised concerns about certain aspects of the agreement, including the classification and remuneration of employees.

The primary legal issues that the FWC had to address were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval. The City of Bayswater argued that the agreement did not adequately address its concerns about the classification and remuneration of employees, while the ACTU LGD contended that the agreement was fair and reasonable and met all necessary criteria for approval.

The FWC considered the arguments presented by both parties and examined the terms of the agreement in detail. It found that the agreement did not adequately address the City of Bayswater's concerns about the classification and remuneration of employees, and that it did not meet the criteria for approval under the Fair Work Act 2009. The FWC rejected the application for approval of the agreement, stating that it was not satisfied that the agreement provided for fair and reasonable terms and conditions of employment. The FWC also found that the agreement did not comply with the procedural requirements for approval, as it had not been properly negotiated between the parties.

The FWC's decision was final and binding, and the City of Bayswater Enterprise Agreement 2017 (Inside Workforce) was not approved. The FWC did not make any further orders in relation to the dispute.

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