DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Broome
(AG2015/6779)

SHIRE OF BROOME INSIDE STAFF ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER LEE	MELBOURNE, 4 DECEMBER 2015

Application for approval of the Shire of Broome Inside Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Broome Inside Staff Enterprise Agreement 2014 (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 11 December 2015. The nominal expiry date of the Agreement is 17 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, the Shire of Broome, applied to the Fair Work Commission for approval of the Shire of Broome Inside Staff Enterprise Agreement 2014. The respondent, the Australian Council of Trade Unions, opposed the approval. The application involved determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including the provisions regarding pay, penalty rates, leave, and other terms and conditions.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement provided for minimum rates of pay and conditions, including penalty rates and leave entitlements, in line with the statutory minimum standards. The Commission also needed to consider whether the agreement contained any terms that might unfairly discriminate against certain employees or be contrary to public policy.

The Commission found that the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act 2009. It provided for minimum rates of pay and conditions that were at least equal to, or better than, the relevant award or national employment standards. The agreement included provisions for penalty rates, leave entitlements, and other terms and conditions that were consistent with the Act. The Commission determined that the agreement did not unfairly discriminate against any employees and was not contrary to public policy.

The Commission approved the Shire of Broome Inside Staff Enterprise Agreement 2014, subject to certain conditions. The final orders included the approval of the agreement, with the condition that any changes to the agreement must be approved by the Commission before they can take effect.

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