Shire of Ashburton

[2022] FWCA 2869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shire of Ashburton

(AG2022/2448)

Application for approval of the Shire of Ashburton Enterprise Agreement 2022.

Local government administration
COMMISSIONER WILLIAMS	PERTH, 22 AUGUST 2022

Application for approval of the Shire of Ashburton Enterprise Agreement 2022

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

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services 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.

The ASU has identified rightly that that Clause 11 ‘Leave’, at 11.3 and 11.6 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.4 ‘National Employment Standards of the Agreement’, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2022. The nominal expiry date of the Agreement is 29 August 2026.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Ashburton applied to the Fair Work Commission for approval of their Enterprise Agreement for the year 2022. The agreement, which was entered into with the United Voice union, includes various terms and conditions for employees of the Shire, including wages, hours of work, and other employment-related matters. The application was made under the Fair Work Act 2009, which requires that enterprise agreements be approved by the Fair Work Commission if they are to have legal effect.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it included appropriate mechanisms for resolving disputes between the Shire and its employees. The Commission also considered whether the agreement provided for adequate consultation between the parties, and whether it included appropriate provisions for the protection of vulnerable employees.

The Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and included appropriate mechanisms for resolving disputes between the parties. The Commission also found that the agreement provided for adequate consultation between the parties, and included appropriate provisions for the protection of vulnerable employees. The Commission was satisfied that the agreement was in the best interests of the employees, and approved the Shire of Ashburton Enterprise Agreement 2022.

The Commission made orders approving the Enterprise Agreement, which will now have legal effect and bind both the Shire and its employees. The agreement will remain in force until it is varied or replaced by a new agreement, or until it is terminated in accordance with the Fair Work Act. The approval of the agreement is an important step in ensuring that employees of the Shire of Ashburton are treated fairly and reasonably, and that their employment-related matters are resolved in a timely and effective manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established