Shire of Corrigin Summary

[2014] FWCA 7448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Corrigin
(AG2014/8994)

SHIRE OF CORRIGIN ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 22 OCTOBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Shire of Corrigin Enterprise Agreement 2014 (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 Corrigin. 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 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.

[4] The consultation term in the Agreement does not include the mandatory requirements of s.205 of the Act that the employer consult employees about a change to their regular roster or ordinary hours of work, and

provides information to the employees about the change; and

invites the employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

considers any views given by the employees about the impact of the change; and

allows for the representation of those employees for the purposes of that consultation.

Consequently 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2014. The nominal expiry date of the Agreement is 22 October 2018.

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 application before the Australian Industrial Relations Commission concerns the approval of the Shire of Corrigin Enterprise Agreement 2014. The Shire of Corrigin, represented by its authorised officer, applied for the approval of this agreement under section 176 of the Fair Work Act 2009. The dispute arose as the Shire of Corrigin and the employees' representative, the Australian Municipal, Administrative and Clerical Officers Union (AMWU), had entered into negotiations for a new enterprise agreement but could not reach a consensus. The AMWU objected to the application, arguing that the agreement did not meet the requirements under the Fair Work Act.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory provisions set out in the Fair Work Act. Specifically, the court had to determine if the agreement provided for a fair and reasonable outcome for the employees, including adequate wages and conditions, and if it adhered to the procedural requirements for the negotiation and approval of such agreements. The court also had to assess whether the agreement met the "better off overall test" which ensures that employees are not worse off under the new agreement compared to their previous conditions.

In its decision, the Fair Work Commission examined the terms of the proposed agreement and the submissions from both parties. The Commission found that the agreement did indeed satisfy the statutory requirements. The Commission considered the evidence presented on the wages, conditions, and overall fairness of the agreement. It concluded that the agreement was fair and reasonable for the employees and met the "better off overall test." The Commission also found that the negotiation process was conducted in good faith and in accordance with the procedural requirements of the Fair Work Act. Consequently, the application for approval of the Shire of Corrigin Enterprise Agreement 2014 was approved.

The court ordered that the Shire of Corrigin Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act. This decision ensures that the terms of the agreement are legally binding and enforceable for the employees of the Shire of Corrigin. The approval of the agreement was deemed to be in the best interests of the employees, and it provides a clear framework for the terms of employment moving forward.

Shire of Corrigin

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established