Shire of Derby/West Kimberley

[2013] FWCA 9497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Derby/West Kimberley
(AG2013/11588)

SHIRE OF DERBY/WEST KIMBERLEY ENTERPRISE AGREEMENT WORKS 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 6 DECEMBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Shire of Derby/West Kimberley Enterprise Agreement WORKS 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 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) of the Act 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 13 December 2013. The nominal expiry date of the Agreement is 13 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Derby/West Kimberley, an employer, filed an application for approval of an Enterprise Agreement concerning Works 2013, with the Fair Work Commission. The Agreement, which was proposed, aimed to govern the terms and conditions of employment for the Shire’s workers. The legal dispute centred around whether the proposed Agreement met the necessary requirements under the Fair Work Act 2009 and whether it was fair and reasonable in all its aspects.

The primary legal issues that the Commission had to address were whether the proposed Enterprise Agreement complied with the procedural requirements outlined in the Fair Work Act and whether it met the "better off overall test." This test required the Commission to assess whether employees would be better off overall under the proposed Agreement than they would be under the applicable award or safety net minimum terms and conditions. The Commission also had to determine whether the Agreement contained any provisions that were outside the scope of what is considered a "workplace agreement" under the Act.

In its decision, the Fair Work Commission examined the procedural fairness of the Agreement and found it to be validly made. The Commission considered the "better off overall test" and found that the proposed Agreement provided employees with benefits that, on balance, made them better off overall. The Commission was satisfied that the Agreement contained no provisions that exceeded the scope of a "workplace agreement." Therefore, the Commission approved the proposed Enterprise Agreement.

The Fair Work Commission approved the proposed Enterprise Agreement, finding it to be procedurally valid and meeting the "better off overall test." The Commission did not identify any provisions that were outside the scope of what is considered a "workplace agreement." The Agreement was thus approved, and it became the governing document for the terms and conditions of employment for the Shire of Derby/West Kimberley's workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established