DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Collie
(AG2017/3850)

SHIRE OF COLLIE ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 DECEMBER 2017

Application for approval of the Shire of Collie Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Collie Enterprise Agreement 2017 (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 Collie. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Shire of Collie. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) 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 14 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of Collie applied for the approval of its Enterprise Agreement 2017, which was to be determined by the Fair Work Commission. The agreement related to the employment conditions of the Shire's staff, aiming to replace the previous agreement which had expired. The legal issues before the court revolved around whether the agreement met the requirements of the Fair Work Act 2009, particularly focusing on whether it provided for the employees' minimum entitlements and whether it was made in accordance with the Act.

The court examined if the agreement provided for the minimum entitlements as stipulated under the Fair Work Act, including minimum wages, penalty rates, leave entitlements, and other conditions such as maximum hours of work. It also assessed whether the agreement was made in good faith and if the process followed to create the agreement was fair. The court reviewed the submissions from both the Shire and the employees' representatives, evaluating if the agreement met the statutory criteria for approval. The court found that the agreement did meet the necessary requirements, providing for the employees' minimum entitlements and being made in good faith.

Ultimately, the court approved the Shire of Collie Enterprise Agreement 2017, confirming its compliance with the Fair Work Act. The decision was based on the thorough assessment of the agreement's provisions and the process through which it was negotiated and concluded. The court's approval signifies that the agreement will now serve as the basis for the employment conditions of the Shire's staff, effective from the date of the decision.

Shire of Collie

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established