DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Boyup Brook
(AG2017/5053)

SHIRE OF BOYUP BROOK OUTSIDE EMPLOYEES ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT BEAUMONT	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Shire of Boyup Brook Outside Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Boyup Brook Outside Employees 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 Boyup Brook. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 February 2018 and, in accordance with s.54, will operate from 2 February 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Boyup Brook applied to the Fair Work Commission for the approval of its Outside Employees Enterprise Agreement 2017. The Shire sought to have the agreement approved under section 230 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for outside employees within the Shire. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Act.

The primary legal issue before the Commission was whether the agreement contained all the terms required by section 232 of the Act and whether it complied with the good faith bargaining requirement under section 231. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient workplace, and if it included appropriate dispute resolution mechanisms. The Commission also needed to assess whether the agreement was consistent with the principles of the national workplace relations system.

In its decision, the Commission found that the agreement contained all the necessary terms and was the product of good faith bargaining. The agreement was deemed to provide for a fair and efficient workplace, and it included appropriate dispute resolution mechanisms. The Commission concluded that the agreement was consistent with the principles of the national workplace relations system. Accordingly, the Commission approved the Shire of Boyup Brook Outside Employees Enterprise Agreement 2017 under section 230 of the Fair Work Act 2009.

The Fair Work Commission approved the Shire of Boyup Brook Outside Employees Enterprise Agreement 2017, confirming its compliance with the legislative requirements. The agreement was found to contain all necessary terms, to be the product of good faith bargaining, and to provide for a fair and efficient workplace with appropriate dispute resolution mechanisms. The agreement was also found to be consistent with the principles of the national workplace relations system.

Shire of Boyup Brook

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established