DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Gnowangerup
(AG2020/2844)

SHIRE OF GNOWANGERUP (OPERATIONAL WORKS CREW) ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER WILLIAMS	PERTH, 19 OCTOBER 2020

Application for approval of the Shire of Gnowangerup (Operational Works Crew) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Gnowangerup (Operational Works Crew) Enterprise Agreement 2020 (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 Gnowangerup. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 25 October 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Shire of Gnowangerup, which sought approval for its Operational Works Crew Enterprise Agreement 2020. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the procedural requirements for approval, and whether it contained all the mandated minimum terms and conditions as set out in the Act.

The Commission examined the procedural fairness of the negotiation process and the adequacy of the consultation with the employees. It also assessed whether the agreement provided for appropriate mechanisms for resolving disputes and whether it included all the mandated minimum terms and conditions. The Commission concluded that the Shire of Gnowangerup had adequately fulfilled the procedural requirements for approval and that the agreement contained all the necessary minimum terms and conditions. The Commission found that the negotiation process was fair, and the consultation with employees was appropriate.

As a result, the Fair Work Commission approved the Operational Works Crew Enterprise Agreement 2020. The decision underscored the importance of ensuring that all procedural steps were followed correctly and that the agreement included all mandated minimum terms and conditions. The Commission's approval was based on the evidence presented that the Shire of Gnowangerup had met all the legal requirements for the agreement's approval.

Shire of Gnowangerup

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established