DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Esperance
(AG2016/6968)

SHIRE OF ESPERANCE ENTERPRISE AGREEMENT 2016

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Shire of Esperance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Esperance 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 Shire of Esperance. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 December 2016 and, in accordance with s.54, will operate from 30 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of Esperance sought approval of the 2016 Enterprise Agreement, which was disputed by the Australian Services Union (ASU). The dispute centred around the terms and conditions of employment for the Shire’s employees, particularly the pay rates and conditions outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions, including adequate pay rates, and whether it complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to assess whether the agreement was made in good faith and if it included appropriate mechanisms for dispute resolution.

The Commission found that the agreement, while not perfect, provided for fair and reasonable terms and conditions. It was satisfied that the pay rates and conditions were in line with those of comparable local government employees in the region. The Commission also determined that the agreement was made in good faith and included adequate provisions for dispute resolution. Consequently, the Commission approved the Enterprise Agreement, subject to minor amendments to address specific concerns regarding procedural fairness and the definition of certain roles.

Following the approval, the Fair Work Commission ordered that the Shire of Esperance implement the 2016 Enterprise Agreement with the aforementioned amendments. The ASU and the Shire of Esperance were directed to work together to finalise the agreed changes and submit them to the Commission for formal approval. This decision ensures that the agreement will serve as a binding framework for the employment terms and conditions of the Shire’s employees.

Shire of Esperance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established