DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Bunbury
(AG2015/3934)

CITY OF BUNBURY EMPLOYEES 2015 ENTERPRISE AGREEMENT

Local government administration
COMMISSIONER LEE	MELBOURNE, 29 JULY 2015

Application for approval of the City of Bunbury Employees 2015 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the City of Bunbury Employees 2015 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Boards Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 29 July 2015 and, in accordance with s.54 of the Act, will operate from 5 August 2015. The nominal expiry date of the Agreement is 28 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the City of Bunbury for approval of its Employees 2015 Enterprise Agreement, which was brought before the Fair Work Commission. The agreement was aimed at regulating the terms and conditions of employment for the council's employees. The application was contested by the Australian Education Union, contending that the agreement did not meet the requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the provisions of the Fair Work Act, particularly focusing on the mandatory bargaining requirements and the necessity for good faith bargaining. Additionally, the Commission had to determine whether the agreement contained all the mandatory terms and conditions as stipulated by the Act, and if it appropriately reflected the outcomes of the bargaining process.

In its decision, the Commission examined the evidence and submissions from both parties. The Commission found that the City of Bunbury had demonstrated a commitment to good faith bargaining, and the agreement contained all the necessary mandatory terms. It also confirmed that the agreement was a product of the bargaining process and was not imposed unilaterally. Consequently, the Commission approved the City of Bunbury Employees 2015 Enterprise Agreement, recognising its compliance with the statutory requirements.

The Fair Work Commission's approval of the agreement was a decisive resolution, affirming the council's adherence to the legislative framework. This decision provided clarity on the terms and conditions for the employees, ensuring that the agreement met all legal standards under the Fair Work Act.

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