DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Bassendean
(AG2017/5040)

TOWN OF BASSENDEAN ENTERPRISE AGREEMENT 2017 TO 2020

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Town of Bassendean 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Town of Bassendean Enterprise Agreement 2017 to 2020. The parties included the Town of Bassendean and the relevant union representatives. The dispute centred around the procedural fairness and the merits of the proposed enterprise agreement, particularly focusing on the terms and conditions of employment for the municipal workers. The application was brought before the Fair Work Commission, the body responsible for overseeing the approval of such agreements.

The primary legal issues the court was required to address were whether the negotiation process for the enterprise agreement was conducted in a procedurally fair manner and whether the terms of the agreement were fair and reasonable. The court needed to consider if the employer had engaged in genuine bargaining with the union representatives, if the terms of the agreement were justifiable in the context of the employer's financial position and operational needs, and if the agreement met the statutory requirements set out in the Fair Work Act 2009. Additionally, the court needed to ensure that the agreement did not contravene any provisions of the relevant award or other industrial instruments.

The court found that the negotiation process had been procedurally fair, with evidence of genuine bargaining between the parties. The court also determined that the terms of the enterprise agreement were fair and reasonable, taking into account the financial position of the employer and the operational needs of the municipality. The court was satisfied that the agreement met the statutory requirements and did not contravene any provisions of the relevant award or industrial instruments. Consequently, the court approved the Town of Bassendean Enterprise Agreement 2017 to 2020.

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