DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Gingin
(AG2014/8311)

SHIRE OF GINGIN, ENTERPRISE AGREEMENT 2014 (OUTSIDE WORKFORCE)

Local government administration
COMMISSIONER WILLIAMS	PERTH, 17 DECEMBER 2014

Application for approval of the Shire of Gingin, Enterprise Agreement 2014 (Outside Workforce).

[1] An application has been made for approval of an enterprise agreement known as the Shire of Gingin, Enterprise Agreement 2014 (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 the Shire of Gingin. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Gingin applied to the Fair Work Commission for approval of the Enterprise Agreement 2014 (Outside Workforce). The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009. The application was made by the Shire of Gingin, and the respondents were the Shire of Gingin Employees’ Union and various individual employees. The dispute centred on whether the enterprise agreement complied with the statutory requirements for approval and whether it met the 'better off overall test' (BOOT).

The court was required to consider whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether it met the BOOT. The court had to examine the fairness and effectiveness of the agreement in providing employees with a better overall package of terms and conditions of employment compared to the applicable award or safety net. The court also needed to assess whether the agreement contained any provisions that might be considered contrary to public policy or detrimental to employees.

The Fair Work Commission found that the enterprise agreement complied with the procedural requirements and met the BOOT. The agreement was considered to be fair and effective in providing employees with better overall terms and conditions of employment. The Commission concluded that the agreement did not contain any provisions that were contrary to public policy or detrimental to employees. Consequently, the application for approval was successful.

The Fair Work Commission approved the Enterprise Agreement 2014 (Outside Workforce) and made the appropriate orders under section 234 of the Fair Work Act. The agreement was to be registered and would have effect as a registered agreement from the date of registration. The respondents were directed to give written notice to their members of the approval of the agreement and the registration.

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