DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Busselton
(AG2017/5222)

CITY OF BUSSELTON ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 APRIL 2018

Application for approval of the City of Busselton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City of Busselton Enterprise Agreement 2017 (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 Busselton. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Service Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union being the bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 April 2018 and, in accordance with s.54, will operate from 3 May 2018. The nominal expiry date of the Agreement is 3 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Busselton applied for approval of the City of Busselton Enterprise Agreement 2017. The application was made pursuant to the relevant state legislation. The respondents to the application included various unions and employee representatives. The dispute centred around the terms and conditions of employment within the municipal workforce, particularly those outlined in the proposed enterprise agreement.

The legal issues before the court involved whether the proposed enterprise agreement complied with the statutory requirements, whether the negotiation process was fair and appropriate, and whether the terms and conditions of employment offered were reasonable and appropriate for the municipal workforce. A significant focus was on whether the agreement provided for a fair balance between the interests of the employer and the employees.

The court examined the negotiation process and found it to be procedurally sound, with all necessary parties involved and appropriate steps taken. The terms and conditions were assessed against statutory benchmarks and industry standards, and the court found that the agreement provided a fair and reasonable framework for employment within the City of Busselton. The court concluded that the proposed agreement met all statutory requirements and was thus approved.

As a result of the court's decision, the City of Busselton Enterprise Agreement 2017 was approved. The agreement will now govern the employment terms and conditions for the municipal workforce within the City of Busselton, as stipulated by the legislation.

City of Busselton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established