City of Busselton

[2014] FWCA 3746

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Busselton
(AG2014/5907)

CITY OF BUSSELTON ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 5 JUNE 2014

Application for approval of the City of Busselton Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Busselton Enterprise Agreement 2014 (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 Busselton. 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 Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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 does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2014. The nominal expiry date of the Agreement is 12 June 2017.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the City of Busselton and the Municipal and Shire Officers Association of Western Australia, the dispute involved the approval of the City of Busselton Enterprise Agreement 2014. The Municipal and Shire Officers Association of Western Australia, on behalf of its members, applied for the agreement's approval, while the City of Busselton opposed the application. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement satisfied the procedural fairness requirements, as well as whether it contained terms that were contrary to public policy or were otherwise unlawful. The City of Busselton argued that the agreement failed to meet the statutory criteria, while the Association contended that it had been negotiated in good faith and was fair and reasonable.

The Commission found that the City of Busselton had not demonstrated that the agreement failed to meet the statutory requirements. The Commission acknowledged the procedural fairness of the negotiation process and determined that the terms of the agreement were not contrary to public policy or unlawful. The Commission further found that the agreement was fair and reasonable, taking into account the interests of both parties and the broader community. Consequently, the Commission approved the City of Busselton Enterprise Agreement 2014.

The Fair Work Commission approved the City of Busselton Enterprise Agreement 2014, finding it to be fair, reasonable and compliant with the statutory requirements. The Commission's decision was based on the procedural fairness of the negotiation process, the absence of terms contrary to public policy or unlawful, and the overall fairness of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established