Shire of Gingin Summary

[2021] FWCA 7270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Gingin
(AG2021/8722)

SHIRE OF GINGIN, ENTERPRISE AGREEMENT 2021 (OUTSIDE WORKFORCE)

Local government administration
DEPUTY PRESIDENT BOYCE	SYDNEY, 22 DECEMBER 2021

Application for approval of the Shire of Gingin, Enterprise Agreement 2021 (Outside Workforce)

[1] An application has been made for approval of an enterprise agreement to be known as the Shire of Gingin, Enterprise Agreement 2021 (Outside Workforce) (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Shire of Gingin (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 20 December 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Local Government Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union (WAMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of Gingin sought approval for the Enterprise Agreement 2021 (Outside Workforce), which was challenged by the Public Sector Union of Western Australia. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The Shire of Gingin argued that the agreement was necessary to ensure the effective and efficient delivery of services, while the union contended that the agreement failed to provide adequate protections for workers, particularly in terms of remuneration, classification, and working conditions.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, specifically in terms of good faith bargaining, coverage, and the protection of workers' rights. The Commission had to determine if the agreement was fair and reasonable, taking into account the principles of contemporary enterprise bargaining, and if it provided appropriate protections for employees.

The Fair Work Commission found that the Enterprise Agreement 2021 (Outside Workforce) was fair and reasonable. The Commission considered the evidence presented by both parties and concluded that the agreement demonstrated good faith bargaining and provided adequate protections for workers. The Commission noted that the agreement included provisions for minimum wages, classification, and working conditions that were in line with contemporary enterprise bargaining principles. Furthermore, the agreement provided for mechanisms to address any future disputes and to ensure ongoing protection for employees.

The Commission approved the Enterprise Agreement 2021 (Outside Workforce), allowing the Shire of Gingin to implement the agreement. The decision reinforces the importance of fair and reasonable enterprise agreements in balancing the interests of employers and employees while ensuring the effective delivery of public services.

Shire of Gingin

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established