DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Donnybrook - Balingup
(AG2017/3658)

SHIRE OF DONNYBROOK-BALINGUP (OUTDOOR WORKS AND SERVICES) ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2017

Application for approval of the Shire of Donnybrook-Balingup (Outdoor Works and Services) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Donnybrook-Balingup (Outdoor Works and Services) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shire of Donnybrook - Balingup. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Shire of Donnybrook-Balingup and the Public Sector Management Association (PSMA) contested the approval of the Shire of Donnybrook-Balingup (Outdoor Works and Services) Enterprise Agreement 2017, with the case heard in the Fair Work Commission. The Shire sought approval of the agreement, which would establish the terms and conditions of employment for certain employees, while the PSMA objected to specific provisions, arguing they did not meet the requirements for a certified agreement under the Fair Work Act 2009.

The central legal issues revolved around whether the contested provisions complied with the statutory standards set forth in the Fair Work Act, including provisions related to minimum wages and conditions, and whether the agreement provided for a fair and reasonable process for resolving disputes. The Shire argued that the agreement was a genuine attempt to establish fair terms and conditions of employment, while the PSMA contended that certain provisions fell short of the required standards.

The Fair Work Commission found that while the majority of the agreement met the statutory requirements, certain provisions related to shift penalties and penalty rates for loading and unloading did not comply with the Fair Work Act. The Commission determined that these provisions did not provide for a fair and reasonable process for resolving disputes and did not meet the minimum standards for wages and conditions. Consequently, the Commission refused to approve the agreement in its current form. However, the Commission offered the parties an opportunity to revise the disputed provisions and resubmit the agreement for approval, with the understanding that the revised agreement would be considered on its own merits.

The Fair Work Commission's decision highlights the importance of ensuring that enterprise agreements comply with the statutory standards set forth in the Fair Work Act. The Commission's refusal to approve the agreement in its current form emphasises the need for parties to carefully consider the implications of the provisions they include in an enterprise agreement. Additionally, the Commission's offer to allow the parties to revise the disputed provisions and resubmit the agreement demonstrates a willingness to work collaboratively with parties to achieve a fair and reasonable outcome.

Shire of Donnybrook - Balingup

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established