DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Bunbury
(AG2018/7246)

CITY OF BUNBURY EMPLOYEES 2018 ENTERPRISE AGREEMENT

Local government administration
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the City of Bunbury Employees 2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the City of Bunbury Employees 2018 Enterprise Agreement (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 Bunbury. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union, the Construction, Forestry, Mining and Energy Union and the Local Government Racing and Cemeteries Employees Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement lodged contained errors at Clause 5. On 29 January 2019, the Applicant filed an amended version of page 7 of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Bunbury sought approval for their 2018 Employees Enterprise Agreement, which governs the terms and conditions of employment for their employees. The application was made to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed enterprise agreement complied with the legislative requirements and whether it provided for the minimum terms and conditions as stipulated by the Act.

The Fair Work Commission considered whether the proposed agreement contained the mandatory minimum terms and conditions, including those related to maximum weekly hours, penalty rates, and leave entitlements. The Commission also examined whether the agreement provided for genuine enterprise bargaining, and whether it was free from any illegality or unfairness. The City of Bunbury argued that the agreement was the product of genuine bargaining and met all legislative requirements.

In its decision, the Commission found that the City of Bunbury Employees 2018 Enterprise Agreement complied with the statutory provisions. The Commission determined that the agreement provided for the minimum terms and conditions required by the Fair Work Act, and that it was the product of genuine bargaining between the parties. The Commission approved the agreement, noting that it was fair and reasonable in all respects. The decision was made in the City of Bunbury's favour, and the enterprise agreement was approved for operation.

City of Bunbury

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established