DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Gingin
(AG2017/4607)

SHIRE OF GINGIN, ENTERPRISE AGREEMENT 2017 (OUTSIDE WORKFORCE)

Local government administration
COMMISSIONER LEE	MELBOURNE, 19 MARCH 2018

Application for approval of the Shire of Gingin, Enterprise Agreement 2017 (Outside Workforce).

[1] An application has been made for approval of an enterprise agreement known as the Shire of Gingin, Enterprise Agreement 2017 (Outside Workforce) (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 Gingin. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[4] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Shire of Gingin for approval of the Enterprise Agreement 2017 (Outside Workforce). The Shire sought to formalise the terms and conditions of employment for its outside workforce through the agreement. The dispute centred on whether the agreement complied with the relevant legislative requirements and whether it provided for the fair treatment of employees.

The primary legal issues addressed by the Commission included whether the agreement adequately covered the employees it sought to bind, if it met the statutory obligations concerning minimum entitlements, and whether the agreement was made in good faith and without coercion. The Commission also examined whether the agreement provided a safety net of minimum entitlements that met or exceeded the applicable awards and whether it complied with the procedural requirements for the making of enterprise agreements.

In delivering its decision, the Commission found that the agreement was comprehensive and adequately covered the intended workforce. It determined that the agreement met the statutory obligations for minimum entitlements and was made in good faith. The Commission was satisfied that the agreement provided a safety net of minimum entitlements that met or exceeded the applicable awards and that the procedural requirements for the making of the agreement were met. Consequently, the Commission approved the Enterprise Agreement 2017 (Outside Workforce) as compliant with the Fair Work Act 2009.

The Commission's final orders were that the Enterprise Agreement 2017 (Outside Workforce) be approved and registered as a valid enterprise agreement under the Fair Work Act. The agreement would now form the basis of employment terms and conditions for the outside workforce of the Shire of Gingin.

Shire of Gingin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established