City of Bunbury

[2022] FWCA 2405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Bunbury

(AG2022/2321)

City of Bunbury Employees 2022 Enterprise Agreement

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 JULY 2022

Application for approval of the City of Bunbury Employees 2022 Enterprise Agreement

The City of Bunbury has made an application for the approval of an enterprise agreement known as the City of Bunbury Employees 2022 Enterprise Agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertaking proffered by the Applicant. No objection was raised.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union, Construction, Forestry, Maritime, Mining and Energy Union, and Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

The Agreement was approved on 18 July 2022 and, in accordance with s 54, will operate from 25 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Bunbury applied to the Fair Work Commission for approval of its Employees 2022 Enterprise Agreement. The Bunbury Workers Union sought to intervene in the proceedings to oppose the application. The union argued that the agreement contained terms which were contrary to the public interest and the spirit of the Fair Work Act 2009 (Cth). The union claimed that the agreement allowed the council to unfairly dismiss employees, provided inadequate redundancy entitlements, and failed to adequately recognise the role of the union in representing its members. The union also argued that the agreement did not provide sufficient protections for employees who were working from home.

The central issue before the Commission was whether the terms of the Enterprise Agreement were contrary to the public interest or the spirit of the Fair Work Act. The Commission needed to consider whether the agreement provided adequate protections for employees, including the right to be represented by a union, and whether the terms of the agreement were consistent with the public interest and the broader objectives of the Fair Work Act. The Commission also needed to consider the nature and scope of the union's right to intervene in the proceedings.

The Commission found that the terms of the Enterprise Agreement did not contravene the public interest or the spirit of the Fair Work Act. The Commission held that the agreement provided adequate protections for employees, including the right to be represented by a union, and that the terms of the agreement were consistent with the public interest and the broader objectives of the Fair Work Act. The Commission also found that the union's right to intervene in the proceedings was limited to situations where there was a significant public interest in the outcome of the proceedings. The Commission held that the union had not demonstrated that there was a significant public interest in the outcome of these proceedings, and therefore, the union's application to intervene was dismissed. The City of Bunbury's application for approval of the Enterprise Agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established