Shire of Corrigin Summary

[2022] FWCA 3321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shire of Corrigin

(AG2022/3712)

Shire of Corrigin Enterprise Agreement 2022

Local government administration
COMMISSIONER SCHNEIDER	PERTH, 23 SEPTEMBER 2022

Application for approval of the Shire of Corrigin Enterprise Agreement 2022

The Shire of Corrigin has made an application for the approval of an enterprise agreement known as the Shire of Corrigin Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 September 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Shire of Corrigin Enterprise Agreement 2022. The Shire of Corrigin, an employer, sought approval for the agreement which was negotiated with the relevant unions representing its employees. The agreement sought to govern the terms and conditions of employment for the Shire's workers, including matters such as wages, hours of work, leave entitlements, and other employment-related provisions.

The primary legal issue before the Commission was whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it contained the minimum terms and conditions prescribed by the relevant industrial instrument and whether it complied with the good faith bargaining requirements. The Commission also had to consider whether the agreement was in the best interests of the employees and if it provided fair and reasonable terms.

In its decision, the Commission found that the agreement contained all the minimum terms and conditions prescribed by the relevant industrial instrument and complied with the good faith bargaining requirements. The Commission also determined that the agreement provided fair and reasonable terms for the employees, taking into account the specific circumstances of the Shire and its workforce. Consequently, the Commission approved the Shire of Corrigin Enterprise Agreement 2022, effective from the date of the decision.

The Commission issued an order approving the agreement and directed that it be registered with the Fair Work Commission. The agreement is now binding on the Shire and its employees, and it will govern their employment terms and conditions for the duration of the agreement.

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