DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Cottesloe
(AG2019/1364)

TOWN OF COTTESLOE ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 JULY 2019

Application for approval of the Town of Cottesloe Enterprise Agreement 2019.

[1] The Town of Cottesloe has made an application for the approval of an enterprise agreement known as the Town of Cottesloe Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) (Form F17), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Australian Services Union Western Australia Branch (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants want the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 5 July 2019 and, in accordance with s 54, will operate from 12 July 2019. The nominal expiry date of the Agreement is 16 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Town of Cottesloe, the applicants sought approval of the 2019 Enterprise Agreement. This agreement was between the Town of Cottesloe and the employees represented by the Australian Municipal, Administrative, and Clerical Officers Union. The primary dispute revolved around the terms and conditions of employment, including wages, working hours, leave entitlements, and other related matters. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The legal issues before the Commission were whether the proposed terms and conditions of the Enterprise Agreement were fair and reasonable, and whether they complied with the applicable laws and standards. The Commission needed to determine if the agreement provided adequate protections for employees, if it was consistent with the broader principles of industrial relations, and if it had been fairly negotiated between the parties. The Commission also had to consider any submissions from interested parties, including the Town of Cottesloe, the union, and potentially other stakeholders.

After considering the submissions and evidence presented, the Commission found that the proposed Enterprise Agreement was fair and reasonable. The agreement was deemed to comply with relevant laws and standards, and it provided adequate protections for the employees. The Commission noted that the agreement had been negotiated in good faith and that it reflected a balanced approach to the needs of both the Town of Cottesloe and the employees. Consequently, the Commission approved the 2019 Enterprise Agreement.

In light of the findings and the approval, the Commission ordered that the Town of Cottesloe Enterprise Agreement 2019 be registered and enforced in accordance with the applicable industrial relations laws. This decision resolved the dispute and established the terms and conditions of employment for the employees represented by the union for the duration of the agreement.

Town of Cottesloe

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established