DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Capel
(AG2020/975)

SHIRE OF CAPEL (OPERATIONS) ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 JUNE 2020

Application for approval of the Shire of Capel (Operations) Enterprise Agreement 2019.

[1] Shire of Capel has made an application for the approval of an enterprise agreement known as the Shire of Capel (Operations) Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union (together, the organisations),have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[6] The Agreement was approved on 3 June 2020 and, in accordance with s 54, will operate from 10 June 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of Capel applied for the approval of the Shire of Capel (Operations) Enterprise Agreement 2019. The applicant is a local government authority, and the application was made under the Public Sector Management Act 1994. The applicant sought to finalise the terms of employment for its operational staff, including wages, hours, leave entitlements, and other conditions of employment. The application was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Act. The Commission needed to determine if the agreement was in the public interest, whether it provided for fair and reasonable terms and conditions of employment, and if it aligned with the principles of industrial conciliation and arbitration. Additionally, the Commission considered if the agreement provided for appropriate mechanisms to address workplace disputes and grievances.

The Commission found that the proposed agreement met the statutory criteria for approval. It was in the public interest, provided fair and reasonable terms and conditions of employment, and aligned with the principles of industrial conciliation and arbitration. The Commission also noted that the agreement included appropriate mechanisms for addressing workplace disputes and grievances. As such, the Commission approved the Shire of Capel (Operations) Enterprise Agreement 2019. The decision was made on the basis that the agreement would facilitate efficient and effective operations within the Shire, while also protecting the rights and interests of the employees.

Shire of Capel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established