DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Cranbrook
(AG2017/3514)

SHIRE OF CRANBROOK ADMINISTRATION STAFF COLLECTIVE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MARCH 2018

Application for approval of the Shire of Cranbrook Administration Staff Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Cranbrook Administration Staff Collective 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 Cranbrook. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 2 March 2018 and, in accordance with s.54, will operate from 9 March 2018. The nominal expiry date of the Agreement is 9 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Shire of Cranbrook applied to the Fair Work Commission for approval of the Shire of Cranbrook Administration Staff Collective Agreement 2017. The Shire argued the agreement was appropriate for the purposes of section 230 of the Fair Work Act 2009, as it contained appropriate provisions for the employment of its administrative staff. The dispute arose because the relevant union did not support the application, contending the agreement did not meet the statutory requirements for approval.

The central legal issue was whether the agreement contained all the terms and conditions of employment that were necessary for it to be approved under section 230 of the Fair Work Act. This involved assessing whether the agreement included all the requisite provisions, such as minimum wages, penalty rates, leave entitlements, and other employment conditions stipulated by the Act.

The Commission found that the agreement contained all the necessary terms and conditions of employment, including minimum wages, penalty rates, and leave provisions. It was also noted that the agreement provided for the proper operation of the Shire’s administrative functions. The Commission concluded that the agreement was suitable for the purposes of section 230 of the Fair Work Act and approved it. The union’s objections were not sufficient to prevent the approval of the agreement.

The Fair Work Commission approved the Shire of Cranbrook Administration Staff Collective Agreement 2017. The union’s objections to the approval were dismissed, and the agreement was accepted as meeting the statutory requirements for approval under section 230 of the Fair Work Act.

Shire of Cranbrook

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established