Anne Lake T/A Anne Lake Consultancy

[2013] FWCA 5080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anne Lake T/A Anne Lake Consultancy
(AG2013/1788)

SHIRE OF BROOMEHILL-TAMBELLUP OPERATIONS EMPLOYEE COLLECTIVE AGREEMENT 2013

Local government administration
DEPUTY PRESIDENT MCCARTHY	MELBOURNE, 26 JULY 2013

Application for approval of the Shire of Broomehill-Tambellup Operations Employee Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Broomehill-Tambellup Operations Employee Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[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) of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Anne Lake T/A Anne Lake Consultancy, the dispute arose before the Fair Work Commission (FWC). The matter involved an application for the approval of the Shire of Broomehill-Tambellup Operations Employee Collective Agreement 2013. The application was brought by the employer, seeking FWC's endorsement of the agreement that outlined terms and conditions of employment for the employees of the Shire. The employees, represented by their union, contested the terms of the proposed agreement, raising concerns about the fairness and compliance with the relevant industrial laws.

The legal issues before the FWC encompassed the interpretation and application of the Fair Work Act 2009. Central to the dispute was whether the proposed agreement met the statutory requirements for approval and if it complied with the principles of procedural fairness and substantive fairness as mandated by the Act. Additionally, the court needed to consider whether the agreement adequately addressed the employees' interests and reflected a fair balance between the employer's needs and the employees' rights.

In reaching its decision, the FWC examined the contents of the proposed agreement and the submissions from both parties. The Commission found that the agreement largely met the legislative criteria for approval, noting that it contained all the mandatory terms as required by the Act. The FWC also determined that the agreement was procedurally fair, as it had been negotiated in good faith and was subject to appropriate consultation processes. On the merits, the Commission concluded that the agreement provided a fair and reasonable basis for the terms of employment, striking a balance that was equitable to both the employer and the employees.

The FWC approved the Shire of Broomehill-Tambellup Operations Employee Collective Agreement 2013, subject to the conditions outlined in the decision. This ruling provided clarity and finality to the parties, ensuring that the terms of employment were legally compliant and fair.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established