DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Bassendean
(AG2020/3434)

TOWN OF BASSENDEAN ASSET SERVICES ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER WILLIAMS	PERTH, 10 DECEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Town of Bassendean Asset Services 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 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Town of Bassendean sought approval for its Asset Services Enterprise Agreement 2020, which was contested by the Public Sector Union of Western Australia. The application was heard in the Fair Work Commission, which had to determine whether the proposed agreement complied with the relevant legislation and was in the best interests of the employees and the town. The central legal issue before the Commission was whether the terms and conditions of the proposed agreement were fair and reasonable, considering both the town's ability to manage its financial resources and the rights and entitlements of the employees.

The Commission evaluated the agreement's provisions against statutory benchmarks and assessed the evidence presented by both parties. It examined the town's financial capacity to implement the agreement and the union's arguments regarding the adequacy of employee protections and benefits. The Commission also considered the impact of the agreement on the workforce's morale and productivity. After thorough deliberation, the Commission concluded that the agreement was fair and reasonable, taking into account the economic context and the interests of both the town and the employees. The Commission found that the agreement met the necessary legal standards and would serve the best interests of all parties involved.

The Commission approved the Town of Bassendean Asset Services Enterprise Agreement 2020, subject to the terms and conditions outlined in the decision. This approval was based on the evidence and arguments presented, ensuring that the agreement would be implemented in a manner that balanced the town's financial responsibilities with the employees' rights and protections. The decision provided a clear framework for the agreement's enforcement, ensuring that both the town and the union could operate within the bounds of the approved terms.

Town of Bassendean

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established