DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Exmouth
(AG2019/887)

SHIRE OF EXMOUTH ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 17 APRIL 2019

Application for approval of the Shire of Exmouth Enterprise Agreement 2017.

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

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 16 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Shire of Exmouth seeking approval for the Shire of Exmouth Enterprise Agreement 2017. The Shire sought a certificate under the Public Sector Management Act 1994, which would allow the agreement to be implemented without further negotiation or approval. The application was brought before the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval. This involved determining if the agreement complied with the relevant provisions of the Public Sector Management Act, including whether it was in the best interests of the employees, the employer, and the community. The Commission also needed to consider if the agreement was consistent with the principles of good faith bargaining and whether it provided adequate protections for the employees.

The Fair Work Commission found that the proposed agreement did not adequately protect employees' rights and did not meet the statutory requirements for approval. The Commission emphasised that the agreement needed to provide for fair and reasonable terms and conditions of employment, and that it had not achieved this in several key areas. As a result, the Commission refused to grant the requested certificate. The Commission highlighted the importance of ensuring that enterprise agreements provide fair and reasonable terms for all parties involved.

The Fair Work Commission's decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms for all parties involved. By refusing to grant the requested certificate, the Commission sent a clear message that it would not approve agreements that do not meet the statutory requirements and protect the rights of employees. This decision serves as a reminder to employers and employees of the need to engage in good faith bargaining and to ensure that any proposed agreements comply with the relevant legislation.

Shire of Exmouth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established