Shire of Esperance T/A Shire of Esperance Summary

[2022] FWCA 2162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shire of Esperance T/A Shire of Esperance

(AG2022/2022)

Shire of Esperance Enterprise Agreement 2022

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 JUNE 2022

Application for approval of the Shire of Esperance Enterprise Agreement 2022

The Shire of Esperance T/A Shire of Esperance has made an application for the approval of an enterprise agreement known as the Shire of Esperance Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Australian Municipal, Administrative, Clerical and Services Union (the organisation), 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 declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 29 June 2022 and, in accordance with s 54, will operate from 6 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Shire of Esperance to approve the Shire of Esperance Enterprise Agreement 2022. The application was filed to ensure that the proposed agreement met the statutory requirements under the Fair Work Act 2009. The Shire of Esperance sought to implement this agreement to govern the employment conditions of its employees, including matters such as wages, hours of work, leave entitlements, and other employment-related terms and conditions.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, specifically sections that mandate the agreement to be in writing, to be made by an employer and its employees, and to be free from prohibited content. The Commission had to ascertain if the agreement appropriately balanced the interests of the employer and employees and whether it adhered to the requirements for "better off overall" and "no worse off overall" tests. Additionally, the Commission examined whether the agreement appropriately facilitated genuine agreement and contained necessary procedural fairness in its formation.

The Fair Work Commission determined that the proposed enterprise agreement met all statutory requirements under the Fair Work Act. The agreement was found to be in writing and was the product of genuine agreement between the employer and employees, as evidenced by the consultation process and the involvement of employee representatives. The Commission confirmed that the agreement was free from prohibited content and satisfied the "better off overall" and "no worse off overall" tests, ensuring fairness and balance between the parties. Given these findings, the Commission approved the Shire of Esperance Enterprise Agreement 2022, allowing it to come into effect.

The Fair Work Commission approved the Shire of Esperance Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and implemented by the Shire of Esperance in accordance with its terms. The decision underscored the importance of adherence to legislative requirements and the necessity for genuine agreement processes in the formation of enterprise agreements.

Shire of Esperance T/A Shire of Esperance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established