City of Bunbury Summary

[2013] FWCA 7432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Bunbury
(AG2013/2836)

CITY OF BUNBURY 2012 ENTERPRISE AGREEMENT

Local government administration
COMMISSIONER WILLIAMS	PERTH, 26 SEPTEMBER 2013

Application for approval of the City of Bunbury 2012 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the City of Bunbury 2012 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 the 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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The City of Bunbury applied to the Fair Work Commission for approval of its 2012 Enterprise Agreement. The City of Bunbury is a local government authority responsible for providing services to the community in the Bunbury region of Western Australia. The agreement was entered into with the Local Government and Allied Workers Union, representing the employees of the City of Bunbury. The application was opposed by the Local Government and Allied Workers Union. The legal issues before the Fair Work Commission were whether the enterprise agreement was in accordance with the requirements of the Fair Work Act 2009, and whether it was in the best interests of the employees and the community. The Commission considered whether the agreement provided for appropriate pay and conditions, including minimum rates of pay, hours of work, leave entitlements, and other benefits. The Commission also considered whether the agreement provided for appropriate dispute resolution mechanisms, and whether it was consistent with the principles of good faith bargaining and mutual benefit.

The Fair Work Commission found that the City of Bunbury 2012 Enterprise Agreement was in accordance with the requirements of the Fair Work Act 2009, and was in the best interests of the employees and the community. The Commission found that the agreement provided for appropriate pay and conditions, including minimum rates of pay, hours of work, leave entitlements, and other benefits. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms, and was consistent with the principles of good faith bargaining and mutual benefit. The Commission noted that the agreement provided for a process for resolving disputes between the City of Bunbury and the employees, and that it was consistent with the principles of good faith bargaining and mutual benefit. The Commission also found that the agreement provided for appropriate consultation mechanisms, and that it was consistent with the principles of good faith bargaining and mutual benefit.

The Fair Work Commission approved the City of Bunbury 2012 Enterprise Agreement, subject to certain modifications. The modifications included changes to the agreement to ensure that it provided for appropriate pay and conditions, and to ensure that it was consistent with the principles of good faith bargaining and mutual benefit. The Commission also made orders to ensure that the agreement was properly implemented and enforced. The Local Government and Allied Workers Union did not appeal the decision of the Fair Work Commission.

City of Bunbury

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established