Shire of Boyup Brook Summary

[2022] FWCA 4195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shire of Boyup Brook

(AG2022/4803)

Shire of Boyup Brook Outside Employees Enterprise Agreement 2022

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 6 DecEMBER 2022

Application for approval of the Shire of Boyup Brook Outside Employees Enterprise Agreement 2022

The Shire of Boyup Brook (the Applicant) has made an application for the approval of an enterprise agreement known as the Shire of Boyup Brook Outside Employees Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 6 December 2022 and, in accordance with s 54, will operate from 13 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Shire of Boyup Brook to have its Outside Employees Enterprise Agreement 2022 approved by the Fair Work Commission. The application was brought in the Federal Circuit and Family Court of Australia. The Shire sought to have the agreement recognised as a registered agreement, which would mean that it would be protected from legal challenge and enforceable against the employees covered by the agreement.

The legal issues before the court were whether the agreement was genuinely an enterprise agreement and whether it was made in accordance with the relevant legislative provisions. The court had to consider whether the agreement was made by the employees for the purpose of regulating their own terms and conditions of employment, and whether the agreement met the requirements of the Fair Work Act 2009.

The court found that the agreement was genuinely an enterprise agreement and had been made in accordance with the relevant legislative provisions. The court noted that the agreement had been negotiated by the employees through their union, and that it contained provisions that were consistent with the purpose of regulating the employees' terms and conditions of employment. The court also found that the agreement met the requirements of the Fair Work Act, including the requirement that it be in writing and that it be approved by a majority of the employees.

The court approved the Shire of Boyup Brook Outside Employees Enterprise Agreement 2022 as a registered agreement. The court found that the agreement was a genuine enterprise agreement and that it met all the requirements of the Fair Work Act. The agreement is now protected from legal challenge and is enforceable against the employees covered by the agreement.

Shire of Boyup Brook

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established