DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Broomehill-Tambellup
(AG2016/4241)

SHIRE OF BROOMEHILL-TAMBELLUP OPERATIONS EMPLOYEE COLLECTIVE AGREEMENT 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Shire of Broomehill-Tambellup Operations Employee Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Broomehill-Tambellup Operations Employee Collective Agreement 2016 (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 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 3 October 2016. The nominal expiry date of the Agreement is 25 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Shire of Broomehill-Tambellup, sought the approval of the Fair Work Commission (FWC) for the Shire of Broomehill-Tambellup Operations Employee Collective Agreement 2016. The application was opposed by the Australian Education, Health and Community Union (the Union). The FWC was required to decide whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary issue before the FWC was whether the collective agreement complied with the legislative requirements for approval. Specifically, the FWC needed to determine if the agreement provided for the proper operation of the local government entity, provided for the proper operation of the entity’s employees, and was consistent with the principles of the Fair Work Act. The Union argued that the agreement did not appropriately balance the interests of the employees and the employer and failed to provide adequate protections for the employees.

The FWC found that the agreement met the statutory requirements for approval. The Commission held that the agreement provided for the proper operation of the Shire and its employees, and was consistent with the principles of the Fair Work Act. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and provided adequate protections for employees. The FWC noted that the agreement contained provisions for the proper operation of the Shire, including provisions for the employment of employees, their duties, and their terms and conditions of employment.

The FWC approved the collective agreement, finding that it met the statutory requirements for approval. The FWC found that the agreement provided for the proper operation of the Shire and its employees, and was consistent with the principles of the Fair Work Act. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and provided adequate protections for employees. The FWC noted that the agreement contained provisions for the proper operation of the Shire, including provisions for the employment of employees, their duties, and their terms and conditions of employment. The FWC found that the agreement was consistent with the principles of the Fair Work Act, and approved the 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