Shire of Derby/West Kimberley Summary

[2013] FWCA 9287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Derby/West Kimberley
(AG2013/11545)

SHIRE OF DERBY/WEST KIMBERLEY ENTERPRISE AGREEMENT PORTS 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 6 DECEMBER 2013

Application for approval of the Shire of Derby/West Kimberley Enterprise Agreement Ports 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Derby/West Kimberley Enterprise Agreement Ports 2013 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2013. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement between the Shire of Derby/West Kimberley and its employees classified under the Ports Group. The employees, represented by the Maritime Union of Australia, sought various terms and conditions for their employment, including pay rates, classification, and other working conditions. The Shire of Derby/West Kimberley opposed the application, arguing that certain provisions of the proposed agreement were contrary to the Fair Work Act and not in the best interests of the employees.

The central legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, particularly sections concerning the best interests of employees and the avoidance of industrial action. The commission had to consider whether the terms and conditions proposed in the agreement were fair and reasonable, and whether they provided for a safe and healthy working environment. Additionally, the commission needed to determine if the agreement contained any provisions that were contrary to the public interest or not in the best interests of the employees.

The commission examined the arguments from both parties and considered the provisions of the proposed agreement. It found that the agreement contained terms and conditions that were fair and reasonable, provided for a safe and healthy working environment, and did not contain any provisions that were contrary to the public interest or not in the best interests of the employees. The commission also noted that the agreement had been negotiated in good faith and that the employees had been adequately informed of the terms and conditions of the proposed agreement. As a result, the commission approved the application for the approval of the Shire of Derby/West Kimberley Enterprise Agreement Ports 2013.

The Fair Work Commission approved the application and certified the proposed enterprise agreement as a registered agreement under the Fair Work Act. The agreement is now in effect and will govern the terms and conditions of employment for the employees of the Shire of Derby/West Kimberley classified under the Ports Group.

Shire of Derby/West Kimberley

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established