Town of Bassendean

[2014] FWCA 5451

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Bassendean
(AG2014/1913)

TOWN OF BASSENDEAN ASSET SERVICES ENTERPRISE AGREEMENT 2014 TO 2016

Local government administration
COMMISSIONER WILLIAMS	PERTH, 14 AUGUST 2014

Application for approval of the Town of Bassendean Asset Services Enterprise Agreement 2014 to 2016.

[1] An application has been made for approval of an enterprise agreement known as the Town of Bassendean Asset Services Enterprise Agreement 2014 to 2016 (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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Town of Bassendean applied to the Fair Work Commission for approval of the Town of Bassendean Asset Services Enterprise Agreement 2014 to 2016. The applicants sought approval of the agreement as a safety net agreement. The respondents argued the application should be dismissed on the basis that the agreement did not meet the requirements of the Fair Work Act 2009.

The central issue before the Commission was whether the agreement constituted a safety net agreement as defined by the Fair Work Act 2009. A safety net agreement is one that provides for the minimum terms and conditions of employment. The respondents argued the agreement did not provide for the minimum terms and conditions as required by the Act.

The Fair Work Commission found the agreement did not meet the definition of a safety net agreement as it did not provide for the minimum terms and conditions of employment. The Commission considered the definition of a safety net agreement and found that the agreement did not provide for minimum rates of pay, minimum leave entitlements and other minimum terms and conditions. The application for approval was dismissed. The Town of Bassendean was ordered to pay the costs of the application.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established