DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Broomehill-Tambellup
(AG2016/4244)

SHIRE OF BROOMEHILL-TAMBELLUP ADMINISTRATION EMPLOYEE COLLECTIVE AGREEMENT 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 26 SEPTEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Shire of Broomehill-Tambellup Administration 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 case involved the Shire of Broomehill-Tambellup, which applied to the Fair Work Commission for approval of its Administration Employee Collective Agreement 2016. The agreement was made under the Fair Work Act 2009 and covered various aspects of employment, including wages, working hours, and leave entitlements. The dispute arose when certain provisions of the agreement were challenged on the grounds that they were not compliant with statutory requirements or were otherwise unfair.

The legal issues the court was required to address included whether the agreement met the necessary criteria for approval under the Fair Work Act. This involved assessing whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether it complied with specific legislative requirements such as the national minimum wage and maximum weekly hours. The court also needed to determine if any terms of the agreement were inconsistent with the broader framework of industrial relations laws.

In reaching its decision, the Fair Work Commission considered extensive submissions from both the Shire and the employees' representatives. The Commission noted that while the agreement contained some provisions that were not in line with the Fair Work Act, these could be rectified through amendments. The Commission concluded that the overall agreement was fair and reasonable and met the legislative criteria for approval. The court found that the agreement, with some minor modifications, was consistent with the statutory requirements and did not contain terms that were unfair or unreasonable. As such, the Commission approved the agreement with conditions.

The final orders of the Commission included the approval of the Administration Employee Collective Agreement 2016, subject to certain amendments being made to align with the Fair Work Act. The Commission mandated that these changes be implemented within a specified timeframe, ensuring compliance with the legal standards set out in the legislation.

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