Town of Cottesloe

[2022] FWCA 3036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Town of Cottesloe

(AG2022/3559)

Town of Cottesloe Enterprise Agreement 2022

Local government administration
COMMISSIONER PLATT	ADELAIDE, 2 SEPTEMBER 2022

Application for approval of the Town of Cottesloe Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Town of Cottesloe Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Town of Cottesloe (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 30 September 2022 and was determined on the papers.

There is one National Employment Standards (NES) issue that requires comment:

· Clause 13 of the Agreement contains an exhaustive list of public holidays that employees are entitled to but does not provide an entitlement to any other day or part-day declared or prescribed to be observed within a State or Territory, as provided by s.115(b) of the Act.

Clause 5.2 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, clause 13 of the Agreement will not apply to the extent that it is inconsistent with the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU), 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 this organisation.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 16 May 2024.

COMMISSIONER

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CaseChat Overview and Summary

The Town of Cottesloe applied to the Fair Work Commission for approval of the Enterprise Agreement 2022, which was intended to govern the employment of its staff. The application was made pursuant to the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the criteria for approval. The primary legal issues before the Commission were whether the agreement provided for the appropriate terms and conditions for the employees, and whether it had been fairly and properly negotiated.

The Commission examined the fairness and appropriateness of the agreement's provisions, including the wage rates, leave entitlements, and other employment conditions. The Commission also considered the process by which the agreement had been negotiated and whether it had been done in good faith. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees and that the negotiation process had been conducted in a proper and transparent manner. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act.

In light of the above findings, the Commission approved the Town of Cottesloe Enterprise Agreement 2022. The agreement is now a legally binding document that governs the employment of staff within the Town of Cottesloe. The approval of the agreement ensures that the employees are provided with fair and reasonable terms and conditions of employment, and it provides certainty and stability for both the employees and the employer. The Commission's decision provides a useful guide for other employers and employees in the public sector when negotiating enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established