DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Mosman Park
(AG2016/2884)

TOWN OF MOSMAN PARK - OUTDOOR WORKS AND SERVICES ENTERPRISE AGREEMENT, 2015 - 2018

Local government administration
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the Town of Mosman Park - Outdoor Works and Services Enterprise Agreement, 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Town of Mosman Park - Outdoor Works and Services Enterprise Agreement, 2015 - 2018. (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 Mosman Park. 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.

[3] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 30 June 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Town of Mosman Park sought approval for the Outdoor Works and Services Enterprise Agreement, 2015-2018, from the Fair Work Commission. This application was made under section 233 of the Fair Work Act 2009, which allows for the approval of enterprise agreements that provide for terms and conditions of employment better than the national minimum standards. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the agreement was a "better-off-overall test" agreement. This test requires that, on balance, the agreement must not be detrimental to the employees it covers. The Commission had to assess the agreement against this benchmark, considering all aspects of the proposed terms and conditions, including wages, hours of work, and other employment conditions. Additionally, the Commission needed to ensure the agreement complied with other relevant provisions of the Fair Work Act.

The Fair Work Commission found that the agreement met the better-off-overall test. The Commission concluded that the proposed terms and conditions provided a fair and reasonable balance of benefits and detriments for the employees. The agreement included provisions for fair compensation, reasonable working hours, and adequate leave entitlements, among other benefits. The Commission also noted that the agreement allowed for necessary flexibility in the workplace, which was crucial for the effective operation of the Town of Mosman Park's outdoor services. Therefore, the Commission approved the application under section 233 of the Fair Work Act.

The final orders of the Fair Work Commission were that the Outdoor Works and Services Enterprise Agreement, 2015-2018, be approved as a registered agreement under section 173 of the Fair Work Act. The agreement was to be registered from the date of the Commission's decision, and it would apply to the employees covered by the agreement. This decision allowed the Town of Mosman Park to implement the agreed terms and conditions, ensuring a fair and balanced employment relationship between the council and its outdoor services employees.

Town of Mosman Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established