Shire of Denmark

[2021] FWCA 6196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Denmark
(AG2021/7488)

SHIRE OF DENMARK (OUTSIDE WORKERS) AGREEMENT 2021

Local government administration
DEPUTY PRESIDENT EASTON	SYDNEY, 8 OCTOBER 2021

Application for approval of the Shire of Denmark (Outside Workers) Agreement 2021.

[1] Shire of Denmark (the Employer) has made an application for the approval of the Shire of Denmark (Outside Workers) Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] I note that Clause 32.2 – Redundancy is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the ASU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Shire of Denmark and the Shire of Denmark Workers Union, with the Shire seeking approval for the Shire of Denmark (Outside Workers) Agreement 2021. The agreement sought to establish terms and conditions for workers who are employed in roles that require them to work outside the Shire of Denmark's geographical boundaries. The legal issues that needed resolution revolved around whether the agreement was consistent with the Fair Work Act 2009 and if it adequately represented the interests of the workers involved.

The Fair Work Commission examined the provisions of the agreement to determine if they complied with the legislative framework. Key considerations included whether the agreement met the requirements for good faith bargaining, if it adequately addressed the needs and interests of the workers, and whether the terms and conditions were fair and reasonable. The Commission also assessed whether the agreement had been negotiated in good faith and whether it provided for a proper balance between the interests of the employer and the employees. After careful deliberation, the Fair Work Commission found that the agreement did comply with the relevant provisions of the Fair Work Act and was in the best interests of the workers. The agreement was thus approved, providing a legally binding framework for the employment conditions of outside workers within the Shire of Denmark.

In summary, the Fair Work Commission approved the Shire of Denmark (Outside Workers) Agreement 2021, finding it to be in accordance with the Fair Work Act and fair to the workers. The Commission's decision confirmed that the agreement was negotiated in good faith, met the requirements for good faith bargaining, and provided fair and reasonable terms and conditions for the outside workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established