DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Broome
(AG2016/5932)

OUTSIDE ENTERPRISE BARGAINING AGREEMENT 2016 - SHIRE OF BROOME

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the Outside Enterprise Bargaining Agreement 2016 - Shire of Broome.

[1] An application has been made for approval of an enterprise agreement known as the Outside Enterprise Bargaining Agreement 2016 - Shire of Broome (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.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Shire of Broome to approve the Outside Enterprise Bargaining Agreement 2016. The Shire sought the approval to implement certain changes to employee conditions, including alterations to pay rates and leave entitlements. The application was opposed by the Broome Council of Trade Unions, which argued that the proposed changes were unjust and not in the best interests of the employees.

The central legal issues before the Commission were whether the proposed changes in the agreement were procedurally and substantively fair. Procedural fairness required that the negotiation process was transparent and that all parties had a reasonable opportunity to participate and be heard. Substantive fairness involved assessing whether the changes were reasonable and equitable, taking into account the interests of both the employer and the employees.

The Commission found that the negotiation process was procedurally fair, as it involved multiple discussions and the provision of comprehensive documentation to the unions. The evidence showed that the unions were given ample opportunity to review and respond to the proposed changes. On the question of substantive fairness, the Commission considered various factors, including the financial position of the Shire, the need for cost efficiencies, and the impact on employees. The Commission concluded that the proposed changes were reasonable and necessary to ensure the Shire's financial sustainability while maintaining a fair balance between the interests of the employer and the employees.

The Fair Work Commission approved the Outside Enterprise Bargaining Agreement 2016, subject to certain conditions. The approval allowed the Shire to implement the changes to employee conditions as proposed, while ensuring that the process and outcomes were fair and equitable for all parties involved.

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