City of Busselton Summary

[2022] FWCA 496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Busselton

(AG2022/37)

City of Busselton Enterprise Agreement 2021

Local government administration
COMMISSIONER WILLIAMS	PERTH, 14 FEBRUARY 2022

Application for approval of the City of Busselton Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the City of Busselton Enterprise Agreement 2021 (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.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2022. The nominal expiry date of the Agreement is 30 November 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the City of Busselton, sought approval of its 2021 Enterprise Agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for its employees, which were being negotiated under the Fair Work Act 2009. The Commission was tasked with determining whether the proposed agreement met the legal requirements for approval.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, if it contained appropriate dispute resolution mechanisms, and if it complied with the "better off overall test" under the Fair Work Act. The Commission had to ensure the agreement was not only fair but also beneficial to the employees compared to the existing industrial instruments.

In delivering its decision, the Commission found that the City of Busselton had genuinely negotiated the agreement with its employees, and the proposed dispute resolution mechanisms were adequate. It was also determined that the agreement met the better off overall test, as it provided various benefits to the employees that outweighed any detriments. The Commission approved the Enterprise Agreement, highlighting its balanced approach to the interests of both the employer and the employees.

The Fair Work Commission approved the City of Busselton Enterprise Agreement 2021, recognising it as meeting the necessary legal standards and providing fair terms for both the employer and the employees.

City of Busselton

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established