DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Ashburton
(AG2017/1633)

SHIRE OF ASHBURTON ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 19 JUNE 2017

Application for approval of the Shire of Ashburton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Ashburton Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shire of Ashburton. 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2017. The nominal expiry date of the Agreement is 18 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of Ashburton brought an application before the Fair Work Commission to approve the Shire of Ashburton Enterprise Agreement 2017. The application arose from the negotiation process between the Shire and the employees' union, resulting in an enterprise agreement that needed approval to be legally binding. The primary concern was whether the agreement complied with the relevant legislative framework governing enterprise agreements.

The central legal issue was whether the enterprise agreement satisfied all the statutory requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and compliance with the provisions that mandate the agreement to be in writing, to be made in good faith, and to include terms that are lawful and not contrary to public policy. Additionally, the court had to assess whether the agreement met the criteria for being a "single interests" agreement and whether the bargaining process was conducted in good faith.

In its decision, the Fair Work Commission determined that the Shire of Ashburton Enterprise Agreement 2017 met all the statutory requirements for approval. The Commission found that the agreement was made in good faith, was in writing, and included lawful terms that did not contravene public policy. The procedural fairness was upheld as the agreement followed the necessary legislative processes, and the bargaining process was conducted appropriately. The Commission also confirmed that the agreement was a "single interests" agreement, which was essential for its approval under the Fair Work Act 2009.

As a result of the decision, the Fair Work Commission approved the Shire of Ashburton Enterprise Agreement 2017, making it legally binding. The Commission's approval ensured that the agreement would govern the employment conditions of the relevant employees, providing certainty and legal effect to the terms negotiated between the Shire and the union.

Shire of Ashburton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established