Shire of Capel

[2014] FWCA 2003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Capel
(AG2014/441)

SHIRE OF CAPEL (OPERATIONS) ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 27 MARCH 2014

Application for approval of the Shire of Capel (Operations) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Capel (Operations) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services 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) of the Act I note that the Agreement covers the organisation.

[5] The Australian Workers’ 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) of the Act I note that the Agreement covers the organisation.

[6] 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) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

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 2013. The application was contested by the Australian Nursing and Midwifery Federation. The dispute centred around the terms of the proposed enterprise agreement, specifically concerning the classification and pay rates for certain employees within the Shire. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved assessing whether the agreement provided for the fair and efficient operation of the Shire, and whether it adhered to the statutory requirements for employee representation and consultation during the negotiation process. Additionally, the Commission had to consider whether the agreement adequately addressed the interests of the employees involved.

In reaching its decision, the Commission noted that the agreement had been negotiated in good faith and involved appropriate consultation with the relevant employee representatives. The Commission found that the agreement met the statutory criteria for approval, as it provided for the fair and efficient operation of the Shire and appropriately balanced the interests of both the employer and the employees. The Commission also found that the classification and pay rates proposed in the agreement were reasonable and in line with industry standards. Accordingly, the Commission approved the Shire of Capel (Operations) Enterprise Agreement 2013.

The Fair Work Commission approved the Shire of Capel (Operations) Enterprise Agreement 2013, finding it to be fair and in compliance with the statutory requirements. The Commission determined that the agreement appropriately balanced the interests of the employer and the employees, and that it met the criteria for approval under the Fair Work Act 2009. The agreement was thus approved, and the dispute was resolved in favour of the Shire of Capel.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established