DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Broomehill-Tambellup
(AG2019/4201)

SHIRE OF BROOMEHILL-TAMBELLUP ADMINISTRATION EMPLOYEES' ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 NOVEMBER 2019

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

[1] The Shire of Broomehill-Tambellup has made an application for approval of an enterprise agreement known as the Shire of Broomehill-Tambellup Administration Employees’ Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 29 November 2019 and, in accordance with s 54, will operate from 6 December 2019. The nominal expiry date of the Agreement is 29 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Shire of Broomehill-Tambellup, the primary focus was on the approval of the Shire's Administration Employees' Enterprise Agreement for the year 2019. The dispute involved the Shire seeking to have the enterprise agreement approved, as required by the relevant industrial legislation. The matter was brought before the Fair Work Commission in Australia, which was tasked with assessing the agreement in line with the criteria set out in the Fair Work Act 2009.

The central legal issues that the Fair Work Commission needed to resolve included whether the agreement provided fair and reasonable terms for the employees, whether it complied with the procedural requirements under the Fair Work Act, and if it met the criteria for being a single, indivisible agreement. The Commission also considered whether the agreement included terms that were genuinely agreed upon by the parties and whether it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission determined that the enterprise agreement was fair and reasonable, as it provided for a range of benefits and protections for the employees, including wages, leave entitlements, and conditions of employment. The Commission found that the agreement complied with all procedural requirements and was a single, indivisible agreement. It also concluded that the terms had been genuinely agreed upon by the parties and that the dispute resolution mechanisms were appropriate. Based on these findings, the Commission approved the Shire of Broomehill-Tambellup Administration Employees' Enterprise Agreement 2019.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, which was to take effect from the date of the decision. The Commission also ordered that the agreement be registered with the relevant industrial body and that it be made available to all employees covered by the agreement. The decision provided clarity and certainty for both the Shire and its employees regarding the terms of their employment under the approved 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