DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Derby/West Kimberley
(AG2016/7726)

SHIRE OF DERBY/WEST KIMBERLEY WORKS ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the Shire of Derby/West Kimberley Works Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Derby/West Kimberley Works Enterprise Agreement 2016 (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 Derby/West Kimberley. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Derby/West Kimberley applied for the approval of the Shire of Derby/West Kimberley Works Enterprise Agreement 2016. The applicant and the respondents, the Western Australian Local Government Union and the Australian Services Union, were engaged in industrial dispute proceedings in the Fair Work Commission. The applicants sought the approval of the enterprise agreement, which was to apply to a range of employees employed by the Shire. The applicants and the respondents had reached an agreement on the terms and conditions of employment. The court had to decide whether the enterprise agreement was in the interests of the employees and if it complied with the necessary legal requirements.

The court examined the provisions of the Fair Work Act and the Fair Work Regulations, focusing on whether the enterprise agreement met the criteria for approval. The applicants argued that the agreement was in the best interests of the employees, as it provided a range of benefits, including improved wages and conditions, and facilitated better workplace relations. The respondents did not oppose the approval of the agreement but submitted that the court should consider certain issues, including the classification of employees and the application of the agreement to casual employees. The court found that the agreement was in the best interests of the employees and complied with the relevant legal requirements.

The court approved the Shire of Derby/West Kimberley Works Enterprise Agreement 2016. The court found that the agreement provided a range of benefits to the employees and facilitated better workplace relations. The court also found that the agreement complied with the relevant legal requirements, including the criteria for approval under the Fair Work Act. The court noted that the agreement provided for improved wages and conditions for the employees, as well as mechanisms for resolving workplace disputes. The court was satisfied that the agreement was in the best interests of the employees and approved the application for approval.

Shire of Derby/West Kimberley

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established