Shire of Augusta Margaret River

[2019] FWCA 6921

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Shire of Augusta Margaret River

(AG2019/2895)

Augusta Margaret River Shire Enterprise Agreement 2019

Local government administration
Commissioner Johns	SYDNEY, 8 OCTOBER 2019

Application for approval of the Augusta Margaret River Shire Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Augusta Margaret River Shire Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Shire of Augusta Margaret River. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Augusta Margaret River Shire Enterprise Agreement 2019. The applicant, the Shire of Augusta Margaret River, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the necessary legal standards and if its provisions were fair and appropriate for the employees involved.

The legal issues the court had to address included whether the agreement met the requirements for "modern awards" and "agreements", and if it adhered to the principles of good faith bargaining. Additionally, the court examined whether the agreement provided fair and reasonable terms and conditions for the employees, and if it met the procedural fairness requirements, including adequate consultation with the employees.

In rendering its decision, the Fair Work Commission determined that the agreement was fair and appropriate, meeting all statutory requirements. The commission found that the agreement was consistent with the relevant modern awards and had been negotiated in good faith. Furthermore, the agreement provided for fair and reasonable terms and conditions for the employees, and the procedural fairness criteria were satisfied through proper consultation. Consequently, the commission approved the agreement.

The final orders included the approval of the Augusta Margaret River Shire Enterprise Agreement 2019, subject to the conditions and provisions set out in the agreement. The approval was contingent upon the Shire of Augusta Margaret River ensuring compliance with the terms and conditions of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established