City of Bayswater

[2013] FWCA 814

FAIR WORK COMMISSION

DECISION

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

City of Bayswater
(AG2013/115)

CITY OF BAYSWATER, ENTERPRISE AGREEMENT 2012 (OUTSIDE WORKFORCE)

Local government administration
COMMISSIONER CLOGHAN	PERTH, 6 FEBRUARY 2013

Application for approval of the City of Bayswater, Enterprise Agreement 2012 (Outside Workforce).

[1] On 18 January 2013, the City of Bayswater made application for approval of a single enterprise agreement to be known as the City of Bayswater, Enterprise Agreement 2012 (Outside Workforce) (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 10 January 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union (LGRCEU) has declared that the LGRCEU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the LGRCEU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the LGRCEU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 13 February 2013.

[7] The nominal expiry date of this Agreement is 31 October 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the City of Bayswater, which sought approval for its 2012 Enterprise Agreement concerning the outside workforce. The application was heard in the Fair Work Commission. The dispute arose from the need to formalise the terms and conditions of employment for certain workers who were not covered by the existing agreements. The City of Bayswater argued that the proposed agreement was necessary to ensure fair and efficient operations, while the unions representing the workers raised concerns about potential adverse impacts on employee rights and working conditions.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act and whether it provided a fair and efficient workplace. The Commission needed to determine if the agreement balanced the needs of the employer with the rights and protections of the employees. This involved examining the provisions of the proposed agreement, including wage rates, hours of work, leave entitlements, and other employment conditions, to ensure they complied with the legislative framework and were fair and efficient.

The Commission concluded that the proposed agreement was fair and efficient, and thus approved it. The reasoning behind this decision included the Commission's assessment of the evidence presented by both the City of Bayswater and the unions. The Commission found that the proposed agreement provided reasonable terms and conditions that were not detrimental to the employees and aligned with the objectives of the Fair Work Act. The decision acknowledged the need for the City of Bayswater to manage its operations effectively while safeguarding the rights of its workforce.

The Commission approved the City of Bayswater, Enterprise Agreement 2012 (Outside Workforce), effective from the date of the decision. The approved agreement became a legally binding instrument governing the terms and conditions of employment for the specified outside workforce, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established