Shire of Augusta-Margaret River

[2014] FWCA 870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Augusta-Margaret River
(AG2014/3336)

AUGUSTA-MARGARET RIVER SHIRE ENTERPRISE AGREEMENT 2013-2016

Local government administration
COMMISSIONER WILLIAMS	PERTH, 5 FEBRUARY 2014

Application for approval of the Augusta-Margaret River Shire Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Augusta-Margaret River Shire Enterprise Agreement 2013-2016 (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 Augusta-Margaret River. 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 Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

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CaseChat Overview and Summary

The case involved the Shire of Augusta-Margaret River, which sought approval of the Augusta-Margaret River Shire Enterprise Agreement 2013-2016. The application was heard by the Fair Work Commission. The primary issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the procedural fairness and proper consideration of the employees' interests.

The Commission considered whether the Shire had properly consulted with the employees and their representatives in the negotiation of the agreement. It also examined if the agreement met the minimum entitlements as prescribed by the Act and whether it was fair and reasonable in all its terms. The Commission found that the Shire had engaged in genuine consultation and provided adequate information to the employees, thus satisfying the procedural requirements. Furthermore, the Commission determined that the agreement provided for fair and reasonable terms and conditions, including minimum entitlements, and was not contrary to the public interest.

In light of these findings, the Commission approved the Augusta-Margaret River Shire Enterprise Agreement 2013-2016. The decision underscored the importance of procedural fairness in the negotiation process and the need for agreements to meet the minimum standards set by the Fair Work Act. The approval of the agreement was subject to certain conditions, which were detailed in the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established