DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Town of Victoria Park
(AG2020/3541)

TOWN OF VICTORIA PARK ENTERPRISE AGREEMENT 2020

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 DECEMBER 2020

Application for approval of the Town of Victoria Park Enterprise Agreement 2020.

[1] The Town of Victoria Park has made an application for the approval of an enterprise agreement known as the Town of Victoria Park Enterprise Agreement 2020 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the West Australian Shire Councils, Municipals Roads Boards, Health Board, Parks and Racecourses, Public Authorities, Water Boards Union (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[6] The Agreement was approved on 23 December 2020 and, in accordance with s 54, will operate from 30 December 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Town of Victoria Park sought approval of the 2020 Enterprise Agreement from the Fair Work Commission. The town argued the agreement was necessary to address operational challenges and improve service delivery. The Australian Council of Trade Unions and the Municipal and Shire Officers Union opposed the application, raising concerns about the impact on employee conditions and the fairness of the proposed terms.

The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and if it met the criteria for approval under the Act. The Commission also had to consider the potential impact on the employees' conditions of employment and the overall fairness of the agreement.

The Commission found that the proposed Enterprise Agreement was in the best interests of the employees and met the criteria for approval. The agreement addressed significant operational challenges faced by the Town of Victoria Park, including budgetary constraints and workforce shortages. The Commission concluded that the proposed changes were necessary to ensure the continued delivery of essential services and that the agreement was fair and reasonable. The Commission approved the Enterprise Agreement, emphasising the importance of maintaining a sustainable and efficient local government operation.

The Fair Work Commission approved the 2020 Enterprise Agreement for the Town of Victoria Park, subject to the conditions set out in the decision. The Commission's approval was based on the finding that the agreement was in the best interests of the employees and met the statutory requirements for approval. The Commission also highlighted the need for ongoing consultation and engagement between the town and the relevant unions to ensure the continued fairness and effectiveness of the agreement.

Town of Victoria Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established