City of Bayswater

[2013] FWCA 6447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Bayswater
(AG2013/2624)

CITY OF BAYSWATER ENTERPRISE AGREEMENT 2013 (INSIDE WORKFORCE)

Local government administration
COMMISSIONER WILLIAMS	PERTH, 3 SEPTEMBER 2013

Application for approval of the City of Bayswater Enterprise Agreement 2013 (Inside Workforce).

[1] An application has been made for approval of an enterprise agreement known as the City of Bayswater Enterprise Agreement 2013 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Industrial Relations Commission of Western Australia sought approval for the City of Bayswater Enterprise Agreement 2013 (Inside Workforce). The applicant, City of Bayswater, sought to have the agreement approved under section 231 of the Industrial Relations Act 1979. The application arose due to a dispute concerning the terms and conditions of employment for the inside workforce of the City of Bayswater, with the Bayswater Council Employees Union acting as the representative for the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements under section 231 of the Industrial Relations Act 1979. This involved examining whether the agreement provided for the employees' terms and conditions of employment in a manner that was fair and reasonable, and whether it contained all the mandatory minimum terms and conditions prescribed by the Act. Additionally, the Commission needed to assess whether the agreement had been made in good faith and whether it provided for a proper dispute resolution process.

In considering the application, the Commission examined the content of the proposed enterprise agreement, including its provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission also took into account submissions from both the applicant and the union representative, along with relevant legislative provisions and case law. After a thorough review, the Commission determined that the agreement met the statutory requirements and was fair and reasonable. It contained all the necessary mandatory terms and conditions and provided for an appropriate dispute resolution mechanism. Consequently, the Commission approved the City of Bayswater Enterprise Agreement 2013 (Inside Workforce) as per the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established