DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Bassendean
(AG2018/3695)

TOWN OF BASSENDEAN ASSET SERVICES ENTERPRISE AGREEMENT 2017 TO 2020

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Town of Bassendean Asset Services Enterprise Agreement 2017 to 2020.

[1] An application has been made for approval of an enterprise agreement known as the Town of Bassendean Asset Services Enterprise Agreement 2017 to 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 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) 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 26 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Town of Bassendean sought approval for its Asset Services Enterprise Agreement 2017 to 2020 in the Fair Work Commission. The dispute centred on whether the proposed terms and conditions of employment were consistent with the principles of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the requirements for approval, particularly focusing on whether the proposed conditions were fair and reasonable.

The legal issues before the Commission involved scrutinising whether the agreement provided for fair and reasonable terms and conditions of employment. This included examining the balance between the interests of employees and employers, ensuring the agreement did not unfavourably differentiate employees, and confirming that it aligned with the broader principles of the Fair Work Act. The Commission also considered whether the proposed conditions complied with minimum wage rates and other statutory entitlements.

The Commission found that the proposed agreement was fair and reasonable, taking into account the specific circumstances of the Town of Bassendean and its employees. It concluded that the terms and conditions were balanced and did not unfavourably differentiate employees. The Commission further determined that the agreement complied with the minimum wage rates and other statutory entitlements. As a result, the application for approval was granted, and the Asset Services Enterprise Agreement 2017 to 2020 was approved.

The Fair Work Commission approved the Town of Bassendean Asset Services Enterprise Agreement 2017 to 2020, recognising it as fair and reasonable in all respects. The approval was effective from the date of the Commission's decision, and the agreement was to govern the terms and conditions of employment for the specified period.

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