DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Jerramungup
(AG2019/1888)

SHIRE OF JERRAMUNGUP WORKS ENTERPRISE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 31 JULY 2019

Application for approval of the Shire of Jerramungup Works Enterprise Agreement 2018.

[1] Shire of Jerramungup has made an application for the approval of an enterprise agreement known as the Shire of Jerramungup Works Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 31 July 2019 and, in accordance with s 54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 30 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Shire of Jerramungup and its employees, represented by the Public Sector Union. The dispute centred on the approval of the Shire of Jerramungup Works Enterprise Agreement 2018. The Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, including wages and other remuneration, and whether it complied with the procedural requirements for bargaining and approval.

The legal issues before the Commission were whether the agreement had been made in good faith and whether it provided for terms and conditions that were fair and reasonable. The Commission also had to consider whether there was sufficient evidence of genuine agreement between the parties and whether the agreement complied with the procedural requirements for bargaining and approval. The Commission had to balance the need for fair and reasonable terms and conditions with the need to facilitate effective and efficient bargaining.

The Commission found that the agreement had been made in good faith and provided for fair and reasonable terms and conditions. The Commission noted that the agreement had been negotiated between the parties over a period of time and that there was evidence of genuine agreement. The Commission also found that the agreement complied with the procedural requirements for bargaining and approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, including wages and other remuneration, and that it met the legal criteria for approval under the Fair Work Act 2009.

The Commission approved the Shire of Jerramungup Works Enterprise Agreement 2018, effective from 1 July 2018. The agreement will apply to all employees of the Shire of Jerramungup who are covered by the agreement. The approval of the agreement will provide certainty and stability for both the Shire and its employees and will facilitate effective and efficient bargaining in the future.

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