DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Claremont
(AG2021/4574)

TOWN OF CLAREMONT ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 APRIL 2021

Application for approval of the Town of Claremont Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Town of Claremont Enterprise Agreement 2021 (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 Claremont. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 33.4 and 34.13 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Municipal, Administrative, Clerical and Services Union and 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.

[5] The Agreement was approved on 22 April 2021 and, in accordance with s.54, will operate from 29 April 2021. The nominal expiry date of the Agreement is 23 April 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Town of Claremont Enterprise Agreement 2021, which was brought before the Fair Work Commission. The application was lodged by the Town of Claremont, a local government authority, seeking the Commission's approval of the enterprise agreement as it related to the terms and conditions of employment for its employees.

The central legal issue before the Commission was whether the proposed terms and conditions of employment, as outlined in the Town of Claremont Enterprise Agreement 2021, were in accordance with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the proposed agreement met the requirements for good faith bargaining and if the terms were fair and reasonable in all respects.

The Commission carefully examined the evidence and submissions presented by both the Town of Claremont and the relevant employee representatives. The Commission noted the good faith efforts made by both parties during the bargaining process and the comprehensive nature of the proposed agreement. The Commission concluded that the agreement reflected a fair and reasonable outcome for all parties involved, taking into account the specific circumstances of the Town of Claremont and its employees. The Commission approved the Town of Claremont Enterprise Agreement 2021, determining that it met the necessary requirements under the Fair Work Act 2009. The agreement was to apply to the employees of the Town of Claremont, and the terms and conditions set out in the agreement were to be legally binding on both parties.

Town of Claremont

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established