DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Jerramungup
(AG2015/3643)

SHIRE OF JERRAMUNGUP ENTERPRISE AGREEMENT 2015 (WORKS DEPARTMENT)

Local government administration
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2015

Application for approval of the Shire of Jerramungup Enterprise Agreement 2015 (Works Department).

[1] An application has been made for approval of an enterprise agreement known as the Shire of Jerramungup Enterprise Agreement 2015 (Works Department) (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 Jerramungup. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services 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.

[4] The Agreement was approved on 26 June 2015 and, in accordance with s.54 of the Act, will operate from 3 July 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Shire of Jerramungup seeking approval for the Enterprise Agreement 2015 (Works Department) from the Fair Work Commission. This application arose from a dispute concerning the terms and conditions of employment for workers within the Shire’s Works Department. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable method of determining wages and conditions, whether it contained minimum terms and conditions, and if it complied with the provisions of the Fair Work Act, including the requirement for a conciliation process. The Shire argued that the agreement was fair and reasonable, while other stakeholders raised concerns about specific provisions.

In assessing the agreement, the Commission examined the provisions of the Fair Work Act and considered submissions from the parties involved. The Commission found that the agreement provided for a fair and reasonable method of determining wages and conditions and contained the required minimum terms and conditions. The conciliation process was deemed adequate, and the agreement was found to comply with the statutory requirements.

Consequently, the Fair Work Commission approved the Shire of Jerramungup Enterprise Agreement 2015 (Works Department). This decision affirmed the validity of the agreement, establishing it as a binding framework for employment terms within the Shire’s Works Department.

Shire of Jerramungup

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established