DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Shire of Esperance
(AG2020/1126)

SHIRE OF ESPERANCE ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER JOHNS	SYDNEY, 24 APRIL 2020

Application for variation of the Shire of Esperance Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Shire of Esperance Enterprise Agreement 2019 (the Agreement). The application was made by Shire of Esperance pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 8 October 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 24 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Shire of Esperance applied to the Fair Work Commission for a variation of the Shire of Esperance Enterprise Agreement 2019. The applicant sought to modify various aspects of the agreement, including changes to employment conditions, wages, and other terms and conditions of employment. The application was contested by the relevant unions representing the employees.

The legal issues before the Commission centred on whether the proposed variations were necessary to maintain the economic viability of the Shire and whether the changes were reasonable in the circumstances. The Commission had to consider the criteria set out in the Fair Work Act 2009, including whether the variations were necessary to maintain the economic viability of the employer and whether they were reasonable in all the circumstances. The unions argued that the proposed changes were not necessary and would negatively impact the employees' conditions.

The Commission found that the proposed variations were necessary to maintain the economic viability of the Shire, given the significant financial challenges faced by the local government. The Commission also found that the changes were reasonable in all the circumstances, taking into account the need for flexibility and the impact on employees. The unions' arguments were not persuasive, and the application for variation was ultimately approved. The Commission made orders varying the Shire of Esperance Enterprise Agreement 2019 in accordance with the application.

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