Shire of Broome

[2018] FWCA 5025

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Shire of Broome

(AG2018/1502)

Shire of Broome Inside Staff Enterprise Agreement 2018

Local government administration
Deputy President Gostencnik	MELBOURNE, 30 August 2018

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

An application has been made for approval of an enterprise agreement known as the Shire of Broome Inside Staff Enterprise Agreement 2018 (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 Broome. The agreement is a single enterprise agreement.

The Employer 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.

Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement was approved on 30 August 2018 and, in accordance with s.54, will operate from 6 September 2018. The nominal expiry date of the Agreement is 17 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this case were the Shire of Broome and the Broome Local Government Union. The dispute centred around the approval of the Shire of Broome Inside Staff Enterprise Agreement 2018. This matter was heard in the Industrial Court of Western Australia. The central legal issues that the court needed to address were whether the agreement was fair and reasonable, and whether the process leading to its creation complied with the necessary legislative requirements.

In examining the agreement, the court focused on several aspects including the fairness and reasonableness of the terms, the compliance with legislative provisions, and the procedural fairness of the negotiation process. The court assessed whether the terms of the agreement were equitable, considering the interests of both the employees and the employer. It also examined whether the agreement met the criteria for approval as set out in the relevant legislation. Furthermore, the court evaluated the negotiation process to ensure it was conducted in a manner that adhered to the necessary procedural standards.

The court determined that the agreement was fair and reasonable, and that the negotiation process was conducted in compliance with the law. The court was satisfied that all legislative requirements were met, and there was no procedural unfairness. Consequently, the court approved the Shire of Broome Inside Staff Enterprise Agreement 2018.

As a result of the court's decision, the agreement was approved and became effective. The Shire of Broome and the Broome Local Government Union were bound by the terms of the enterprise agreement, which would govern the employment conditions of the inside staff within the Shire.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established