DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Collie
(AG2014/10308)

SHIRE OF COLLIE ENTERPRISE AGREEMENT 2014

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 16 FEBRUARY 2015

Application for approval of the Shire of Collie Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Collie Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Shire of Collie. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings pursuant to s.190 of the Act. I am satisfied that the undertakings meet my concerns. The undertakings are attached to this decision at Attachment A, and are taken to form part of the Agreement.

[3] 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.

[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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of Collie applied for approval of the Shire of Collie Enterprise Agreement 2014. The Shire of Collie is an employer in the local government sector, and the agreement pertains to its employees, who are members of various unions. The dispute centred on the provisions of the proposed agreement and whether they met the legal standards required for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the proposed agreement provided for fair and reasonable terms, including wages and conditions, and whether it complied with the provisions of the Fair Work Act, including the requirement for "no-disadvantage" and "better off overall" tests. The unions argued that the proposed agreement did not meet these standards, particularly in relation to certain clauses regarding pay rates and conditions for junior employees. The Shire of Collie contended that the agreement was fair and reasonable and provided better outcomes for its employees.

The Fair Work Commission considered the arguments from both parties and reviewed the proposed agreement in detail. The Commission found that while the agreement provided for fair and reasonable terms for most employees, certain clauses pertaining to the pay rates and conditions of junior employees did not meet the "no-disadvantage" and "better off overall" tests. Consequently, the Commission did not approve the agreement as it stood, but instead made orders for modifications to the agreement to address the identified issues. The Commission required that these modifications be made and resubmitted for approval within a specified timeframe.

Shire of Collie

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established