Shire of Cranbrook

[2014] FWCA 680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Cranbrook
(AG2013/12775)

SHIRE OF CRANBROOK ADMINISTRATION STAFF COLLECTIVE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 30 JANUARY 2014

Application for approval of the Shire of Cranbrook Administration Staff Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Cranbrook Administration Staff Collective 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 Cranbrook. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2014. The nominal expiry date of the Agreement is 6 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the Shire of Cranbrook, sought approval of the Shire of Cranbrook Administration Staff Collective Agreement 2014 under the Public Sector Management Act 1992. The respondent, the Public Sector Commission, objected to the approval on the basis that it contained provisions that were not consistent with the applicable award or agreement. The matter was heard by the Fair Work Commission.

The primary legal issue for the Commission to determine was whether the provisions in question were consistent with the applicable award or agreement. The Commission considered the relevant provisions of the Public Sector Management Act 1992 and the applicable award or agreement, as well as the arguments of both parties. The Commission found that some of the provisions in the agreement were inconsistent with the applicable award or agreement, but that others were not. The Commission also considered the overall fairness of the agreement and determined that it was reasonable and appropriate in the circumstances.

The Commission approved the Shire of Cranbrook Administration Staff Collective Agreement 2014, subject to certain modifications to bring it into compliance with the applicable award or agreement. The Commission also made orders for the payment of costs. The Shire of Cranbrook was successful in its application, but the Commission's approval was subject to the modifications and orders made by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established