Shire of Denmark Summary

[2014] FWCA 6874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Denmark
(AG2014/8660)

SHIRE OF DENMARK (OUTSIDE WORKERS) AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 2 OCTOBER 2014

Application for approval of the Shire of Denmark (Outside Workers) Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Denmark (Outside Workers) 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 Denmark. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.185(3)(b) of the Act, the Fair Work Commission extends the period for filing the application in this matter to the date on which the application was filed.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2014. The nominal expiry date of the Agreement is 9 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Denmark applied to the Fair Work Commission for approval of the Shire of Denmark (Outside Workers) Agreement 2014. The application was opposed by the Australian Services Union (ASU) and the Australian Workers’ Union (AWU). The nature of the dispute centred around whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative requirements, and if it was made in good faith and without coercion.

The legal issues before the Commission included whether the agreement was genuinely made by the parties involved, if it contained minimum entitlements as required by law, and if it was made in good faith. Additionally, the Commission considered if the agreement provided for a fair and efficient way to resolve disputes. The Commission evaluated these aspects against the framework provided by the Fair Work Act and relevant regulations.

In its decision, the Commission found that the agreement was made in good faith and without coercion. It contained all the minimum entitlements required by law and provided for a fair and efficient method to resolve disputes. The Commission was satisfied that the agreement met all the necessary criteria for approval under the Act. Therefore, the application was approved.

The Commission ordered that the Shire of Denmark (Outside Workers) Agreement 2014 be approved and registered. This decision allowed the agreement to take effect and be enforceable under the Fair Work Act.

Shire of Denmark

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established