DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Capel
(AG2016/1759)

SHIRE OF CAPEL (OPERATIONS) ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Shire of Capel (Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Capel (Operations) 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 Capel. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Boards 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.

[4] The Agreement was approved on 19 August 2016 and, in accordance with s.54, will operate from 26 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Capel applied to the Fair Work Commission for approval of the Shire of Capel (Operations) Enterprise Agreement 2016. The application was made under section 232 of the Fair Work Act 2009, which requires that the agreement be assessed for its compliance with the provisions of the Act and for its overall fairness. The dispute centred on the terms and conditions of employment for employees of the Shire, particularly in relation to the application of the agreement to specific classes of employees and the manner in which certain provisions were to be implemented.

The legal issues before the Commission included whether the agreement correctly identified the appropriate bargaining unit, whether the agreement contained provisions that were contrary to public policy or were otherwise invalid, and whether the agreement was free from coercion and undue influence. A significant point of contention was the definition of certain employee classifications within the agreement and the application of specific terms to those classifications. The Commission needed to ensure that the agreement was fair and did not disadvantage any employee group.

In its decision, the Commission found that the agreement was generally compliant with the requirements of the Fair Work Act and did not contain any provisions that were contrary to public policy. The Commission also determined that the agreement was not affected by coercion or undue influence. While there were some concerns about the clarity of certain provisions and their application to specific employee classifications, these were resolved through minor amendments proposed by the parties. The Commission approved the agreement with these amendments, ensuring it met the standards of procedural and substantive fairness required by the Act.

The final orders of the Commission were that the Shire of Capel (Operations) Enterprise Agreement 2016, as amended, be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the decision and would apply to the relevant employees of the Shire.

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