Town of Bassendean

[2021] FWCA 6083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Bassendean
(AG2021/7566)

TOWN OF BASSENDEAN ENTERPRISE AGREEMENT 2020

Local government administration
DEPUTY PRESIDENT DEAN	CANBERRA, 1 OCTOBER 2021

Application for approval of the Town of Bassendean Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Town of Bassendean Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Town of Bassendean. 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, 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) 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 8 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Town of Bassendean sought approval for its 2020 Enterprise Agreement under the Fair Work Act 2009. The application was contested by the Public Sector Union. The dispute was heard in the Fair Work Commission. The central legal issues revolved around whether the proposed enterprise agreement complied with the statutory requirements and whether it provided for fair and reasonable terms and conditions for employees. The Commission had to determine if the agreement met the "better off overall test" and if it adhered to the Fair Work Act's provisions, including the public interest test.

The Commission assessed the proposed agreement against these criteria, examining the balance of benefits and detriments to the employees, and the alignment with broader public interest considerations. The Commission found that the agreement provided for terms and conditions that were fair and reasonable, and it met the better off overall test. The agreement also satisfied the public interest requirements, as it was consistent with the public interest provisions outlined in the Fair Work Act. Therefore, the Commission approved the Town of Bassendean Enterprise Agreement 2020.

The Fair Work Commission's decision was based on a comprehensive analysis of the agreement's provisions, the submissions from both parties, and the relevant statutory framework. The Commission determined that the proposed agreement was compliant with the Fair Work Act and met the necessary legal standards. Consequently, the application for approval was successful, and the enterprise agreement was endorsed for implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established