Shire of Cranbrook

[2013] FWCA 6267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Cranbrook
(AG2013/7176)

SHIRE OF CRANBROOK OUTSIDE STAFF COLLECTIVE AGREEMENT

Local government administration
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 AUGUST 2013

Application for approval of the Shire of Cranbrook Outside Staff Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Cranbrook Outside Staff Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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.

The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Cranbrook applied to the Fair Work Commission for approval of a collective agreement concerning its outside staff. The respondents to the application were various unions who objected to certain terms of the proposed agreement. The legal issues before the Commission were whether the proposed agreement was sufficiently in the interests of the employees and whether it complied with the Fair Work Act 2009. The Commission considered the content of the proposed agreement and the submissions of the parties. It found that the agreement was in the best interests of the employees and complied with the relevant statutory requirements. The Commission approved the proposed agreement, noting that it provided for appropriate protections and benefits for the employees, and that it was a fair and reasonable agreement.

The Fair Work Commission approved the Shire of Cranbrook Outside Staff Collective Agreement. The Commission determined that the agreement was in the best interests of the employees and complied with the requirements of the Fair Work Act 2009. The Commission found that the agreement provided for appropriate protections and benefits for the employees, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement was a fair and reasonable one, taking into account the submissions of the parties and the overall context of the agreement. The Commission approved the agreement, and it will now be in effect for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established