DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Cranbrook
(AG2019/1473)

SHIRE OF CRANBROOK OUTSIDE STAFF COLLECTIVE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 JULY 2019

Application for approval of the Shire of Cranbrook Outside Staff Collective Agreement 2019.

[1] The Shire of Cranbrook has made an application for the approval of an enterprise agreement known as the Shire of Cranbrook Outside Staff Collective Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The model dispute resolution term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[7] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement) (Form F17), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[8] 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.

[9] The Agreement was approved on 2 July 2019 and, in accordance with s 54, will operate from 9 July 2019. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved an application by the Shire of Cranbrook for the approval of the Shire of Cranbrook Outside Staff Collective Agreement 2019. The applicants sought the Court's endorsement of the agreement, which outlined the terms and conditions of employment for outside staff employed by the Shire. The application was brought under the relevant industrial relations legislation, which empowers the Court to approve such agreements where it is satisfied that they meet certain statutory requirements. The Shire argued that the agreement provided a fair and reasonable framework for the employment of outside staff, taking into account the specific circumstances and needs of the Shire.

The primary legal issue before the Court was whether the agreement met the statutory criteria for approval, including whether it complied with the relevant provisions of the legislation and whether it was in the best interests of the outside staff. The Court was required to consider whether the agreement provided for fair and reasonable terms of employment, including appropriate remuneration, conditions of work, and dispute resolution mechanisms. The Court also needed to assess whether the agreement was consistent with relevant awards and whether it included appropriate provisions for the protection of outside staff.

In determining the application, the Court examined the terms of the agreement in detail and considered the evidence and submissions provided by the parties. The Court found that the agreement was consistent with the relevant legislation and that it provided for fair and reasonable terms of employment for outside staff. The Court noted that the agreement included provisions for appropriate remuneration, conditions of work, and dispute resolution mechanisms, and that it was consistent with relevant awards. The Court also found that the agreement included appropriate provisions for the protection of outside staff, including provisions for health and safety, leave entitlements, and termination of employment. Based on these findings, the Court approved the agreement and made the necessary orders.

The Court's final orders included the approval of the Shire of Cranbrook Outside Staff Collective Agreement 2019, subject to certain conditions and modifications. The Court also made orders for the service of the approved agreement on all outside staff employed by the Shire, and for the publication of the agreement on the Shire's website. The orders were designed to ensure that the agreement was brought into effect and that outside staff were aware of their rights and obligations under the agreement.

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