DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Broomehill-Tambellup
(AG2019/4204)

SHIRE OF BROOMEHILL-TAMBELLUP OPERATIONS EMPLOYEES' ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER LEE	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the Shire of Broomehill-Tambellup Operations Employees' Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Broomehill-Tambellup Operations Employees’ Enterprise Agreement 2019 (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 Broomehill-Tambellup. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of 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 29 November 2019. The nominal expiry date of the Agreement is 21 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Shire of Broomehill-Tambellup and its operations employees. The dispute centred on the approval of the Shire of Broomehill-Tambellup Operations Employees' Enterprise Agreement 2019, which sought to govern the terms and conditions of employment for the Shire's operations employees. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement was free from prohibited content, whether it complied with the Fair Work Act's minimum entitlements provisions, and whether it was made in good faith and on a proper basis. The Commission also had to consider whether the agreement met the requirements for being a "simplified standard duties agreement" under section 227 of the Act.

The Commission found that the enterprise agreement was free from prohibited content and complied with the minimum entitlements provisions of the Fair Work Act. The agreement was deemed to have been made in good faith and on a proper basis, as the employer had provided sufficient information and engaged in meaningful consultation with the employees' representatives. The Commission further determined that the agreement qualified as a simplified standard duties agreement, which meant it was not subject to additional scrutiny. Consequently, the Commission approved the Shire of Broomehill-Tambellup Operations Employees' Enterprise Agreement 2019.

In light of the findings, the Fair Work Commission approved the enterprise agreement, which would now govern the employment terms and conditions for the Shire's operations employees. The approval was effective from the date of the decision, and the agreement would remain in force until the next scheduled review or until varied or replaced by a new agreement.

Shire of Broomehill-Tambellup

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established