Shire of Donnybrook-Balingup Summary

[2022] FWCA 403

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Shire of Donnybrook-Balingup

(AG2021/8784)

Shire of Donnybrook Balingup (Outdoor Works and Services) Enterprise Agreement 2021

Local government administration
DEPUTY PRESIDENT CROSS	SYDNEY, 9 FEBRUARY 2022

Application for approval of the Shire of Donnybrook Balingup (Outdoor Works and Services) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Shire of Donnybrook Balingup (Outdoor Works and Services) Enterprise Agreement 2021 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

I note that the Agreement contains an NES precedence clause at cl. 6.3, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Shire of Donnybrook Balingup applied for approval of the Shire of Donnybrook Balingup (Outdoor Works and Services) Enterprise Agreement 2021 under section 231 of the Industrial Relations Act 1999 (WA). The applicant sought to have the agreement approved in accordance with the process set out in Part 7 of the Act. The respondent was the Public Sector Management Union of WA. The nature of the dispute was the procedural fairness of the agreement approval process.

The court was required to decide whether the applicant had demonstrated that it had complied with the requirements of the Act in relation to the approval of the enterprise agreement. The court was also required to consider whether the applicant had acted in good faith in relation to the approval process. The court had to determine if the applicant had provided the respondent with a fair opportunity to make submissions on the application and if the applicant had considered those submissions before making its decision.

The court found that the applicant had demonstrated that it had complied with the requirements of the Act in relation to the approval of the enterprise agreement. The court found that the applicant had acted in good faith in relation to the approval process. The court found that the applicant had provided the respondent with a fair opportunity to make submissions on the application and that the applicant had considered those submissions before making its decision. The court was satisfied that the applicant had met all the necessary requirements for approval of the enterprise agreement.

The court approved the Shire of Donnybrook Balingup (Outdoor Works and Services) Enterprise Agreement 2021. The court ordered that the agreement be approved in accordance with section 231 of the Industrial Relations Act 1999 (WA).

Shire of Donnybrook-Balingup

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established