DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Shire of Broome
(AG2020/1562)

SHIRE OF BROOME INSIDE STAFF ENTERPRISE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JUNE 2020

Application for variation of the Shire of Broome Inside Staff Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Shire of Broome Inside Staff Enterprise Agreement 2018 (the Agreement). The application was made by Shire of Broome pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 30 August 2018. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 16 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Shire of Broome to vary certain provisions of the Shire of Broome Inside Staff Enterprise Agreement 2018. The application sought to amend the agreement to reduce the number of working hours for employees, among other changes. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the commission was whether the proposed changes to the enterprise agreement were reasonable and appropriate in the circumstances. The commission considered the objectives of the Fair Work Act 2009, which include promoting high levels of employment, participation, productivity and industrial peace, and the need to balance the interests of employers and employees. The commission also needed to determine whether the changes were consistent with the principles of good faith bargaining and the objectives of the enterprise agreement itself.

The commission found that the proposed changes were reasonable and appropriate, taking into account the unique circumstances of the Shire of Broome and its employees. The commission noted that the proposed changes were the result of extensive consultation between the parties and were intended to address the needs of both the Shire and its employees. The commission also found that the changes were consistent with the objectives of the Fair Work Act and the principles of good faith bargaining. Accordingly, the commission granted the application and varied the enterprise agreement as sought by the Shire of Broome.

The commission's decision was based on a detailed analysis of the evidence and submissions presented by both parties. The commission found that the proposed changes were reasonable and appropriate in the circumstances and would promote the objectives of the Fair Work Act. The commission also noted that the changes were consistent with the principles of good faith bargaining and the objectives of the enterprise agreement itself. The final orders of the commission varied the enterprise agreement as sought by the Shire of Broome, reducing the number of working hours for employees and making other changes to the agreement.

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