Shire of Broome Summary

[2013] FWCA 5191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Broome
(AG2013/7641)

OUTSIDE ENTERPRISE BARGAINING AGREEMENT 2013 - SHIRE OF BROOME

Local government administration
DEPUTY PRESIDENT MCCARTHY	PERTH, 31 JULY 2013

Application for approval of the Outside Enterprise Bargaining Agreement 2013 - Shire of Broome.

[1] An application has been made for approval of an enterprise agreement known as the Outside Enterprise Bargaining Agreement 2013 - Shire of Broome (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[4] 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.

[5] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of the Shire of Broome, the applicant sought approval of the Outside Enterprise Bargaining Agreement 2013, which aimed to govern the employment terms and conditions of certain employees within the Shire. The dispute arose due to the need for regulatory approval under the relevant industrial relations legislation. The case was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise bargaining agreement met the requirements set forth in the Fair Work Act 2009, specifically concerning the provisions for minimum wages, penalty rates, and other employment conditions. The Commission also had to consider whether the agreement was in the best interests of the employees and if it complied with the principles of good faith bargaining.

After examining the terms of the proposed agreement and the submissions from both parties, the Fair Work Commission determined that the Outside Enterprise Bargaining Agreement 2013 was fair and reasonable. The Commission found that the agreement adequately addressed the minimum wage rates and penalty rates, and that it was made in good faith. The Commission was satisfied that the agreement was in the best interests of the employees, considering their specific needs and the operational requirements of the Shire. The application was thus approved, allowing the agreement to take effect.

The final order of the Commission was that the Outside Enterprise Bargaining Agreement 2013 for the Shire of Broome be approved, effective from the date of the decision. This ruling allows the agreement to be implemented as a legally binding contract between the Shire and the employees covered by the agreement.

Shire of Broome

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established