DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City of Bayswater
(AG2020/1792)

CITY OF BAYSWATER ENTERPRISE AGREEMENT 2019 (OUTSIDE WORKFORCE)

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 JULY 2020

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

[1] An application has been made for approval of a variation to the City of Bayswater Enterprise Agreement 2019 (Outside Workforce) (the Agreement). The application was made by the City of Bayswater pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 6 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of City of Bayswater, the Fair Work Commission was tasked with the consideration of an application for the variation of the City of Bayswater Enterprise Agreement 2019 (Outside Workforce). The application was brought by the City of Bayswater, and the respondents included various unions representing the workforce. The dispute centred around the terms of employment for the outside workforce, specifically addressing issues such as wages, conditions of employment, and the overall operational efficiency of the municipality.

The legal issues that the Commission was required to decide involved the interpretation of the relevant industrial instruments, the principles of enterprise bargaining, and the applicability of certain provisions under the Fair Work Act 2009. A significant aspect of the dispute was whether the proposed variations were reasonable and necessary to achieve a fair and efficient workplace environment. The Commission needed to balance the interests of the employer in maintaining operational efficiency with the rights and entitlements of the workforce as protected by the Act.

In its reasoning, the Commission thoroughly examined the evidence provided by both the City of Bayswater and the unions. It considered the broader economic context, the specific operational needs of the municipality, and the implications of the proposed variations for the workforce. The Commission concluded that while the City of Bayswater had demonstrated a need for certain changes to improve efficiency, the proposed variations went beyond what was necessary and reasonable. Consequently, the application was largely dismissed, with only minor amendments being allowed to proceed. This outcome aimed to preserve the balance between the employer's operational needs and the workforce's rights.

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