DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Corrigin[
(AG2019/587)

SHIRE OF CORRIGIN ENTERPRISE AGREEMENT 2018

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 17 APRIL 2019

Shire of Corrigin Enterprise Agreement 2018 Application for approval of the Shire of Corrigin Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Corrigin Enterprise Agreement 2018 (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 Corrigin. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertaking 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 16 April 2022.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application by the Shire of Corrigin for the approval of their Enterprise Agreement 2018. This agreement was intended to regulate the employment conditions of the Shire's employees. The application was brought under the Fair Work Act 2009, which mandates that certain conditions must be met for an enterprise agreement to be approved and registered.

The primary legal issues the FWC needed to address included whether the agreement had been made in accordance with the statutory requirements set out in the Act, and whether it met the 'better off overall test' (BOOT). This test requires that employees under the agreement are not worse off than they would be under the applicable award or safety net, and that the agreement provides a safety net for employees who may not otherwise be covered by an award or the national safety net.

In considering these issues, the FWC noted that the agreement had been made with a sufficient proportion of employees, and that it had been done in good faith. The commission also found that the agreement met the BOOT by ensuring that employees were not disadvantaged in terms of their remuneration and conditions compared to the safety net. Furthermore, the FWC was satisfied that the agreement included provisions for the protection of employees' rights and that it did not undermine the protections provided by the award or the national safety net.

The FWC approved the Shire of Corrigin Enterprise Agreement 2018, subject to certain minor modifications to ensure compliance with the Act. These modifications included clarifying the definition of 'work' and adjusting some of the leave provisions to align with the national safety net. The agreement was subsequently registered, providing a new framework for the employment conditions of the Shire's employees.

Shire of Corrigin[

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established