DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Campaspe
(AG2016/5496)

SHIRE OF CAMPASPE ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Shire of Campaspe Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Campaspe Enterprise 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 Campaspe. 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 Australian Education 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2016. The nominal expiry date of the Agreement is 16 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of Campaspe applied for approval of the Shire of Campaspe Enterprise Agreement 2016. The application was made under section 231 of the Fair Work Act 2009. The agreement in question was intended to govern the employment terms and conditions of certain employees of the Shire, and the application sought the Commission's determination that the agreement met the requirements for registration.

The legal issues before the Commission included whether the agreement had been made freely and voluntarily without any duress or coercion, whether it complied with the good faith bargaining obligations under the Fair Work Act, and whether it contained all the prescribed terms as required by the Act. Additionally, the Commission had to consider if the agreement provided for a fair and efficient workplace and whether it balanced the interests of both the employer and employees appropriately.

The Commission examined the process by which the agreement was negotiated and the evidence provided by both parties. It found that the agreement had been made in good faith and without any undue influence. The Commission also determined that the agreement contained all the prescribed terms and provided for a fair and efficient workplace. Consequently, the Commission approved the application and registered the Shire of Campaspe Enterprise Agreement 2016 as a registered agreement under the Act.

The final orders of the Commission included the registration of the agreement, effective from the date of the decision, and the setting aside of any previous enterprise agreements that were in conflict with the terms of the new agreement.

Shire of Campaspe

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established