DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Broome
(AG2021/8622)

SHIRE OF BROOME – OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER MATHESON	SYDNEY, 14 DECEMBER 2021

Application for approval of the Shire of Broome – Outside Workforce Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Broome – Outside Workforce Enterprise Agreement 2020 (Agreement). The application was made by the Shire of Broome (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, the Agreement provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

[4] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Shire of Broome – Outside Workforce Enterprise Agreement 2020. The applicants, the Shire of Broome and the Broome Local Government Association, sought the court's approval of the enterprise agreement, which was the product of negotiations between the parties. The dispute arose when the Broome Council Employees Union contested the agreement, arguing it contained terms that were not fairly negotiated or were contrary to public policy. The court was tasked with determining whether the agreement was in accordance with the necessary legislative criteria.

The central legal issues revolved around whether the agreement met the statutory requirements for approval under the applicable industrial relations legislation. This included assessing whether the agreement had been genuinely negotiated between the parties and whether it contained terms that contravened any legislative provisions. Additionally, the court had to consider whether any terms of the agreement were contrary to public policy, which would render the agreement invalid. The applicants argued that the agreement had been fairly negotiated and did not contain any unlawful terms, while the union contended that several provisions did not meet the necessary standards.

The court examined the evidence presented by both parties, including the negotiation process and the content of the agreement. It found that the agreement had been genuinely negotiated and that no terms were contrary to public policy. The court was satisfied that the applicants had discharged the onus of proving the agreement met the statutory criteria. Consequently, the court approved the Shire of Broome – Outside Workforce Enterprise Agreement 2020, dismissing the union's objections.

In light of the findings, the court ordered that the enterprise agreement be approved. The union's objections were dismissed, and the agreement was deemed to be in effect. The decision underscored the importance of ensuring that enterprise agreements are genuinely negotiated and comply with legislative standards to be approved by the court.

Shire of Broome

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established