DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Kalamunda
(AG2016/2784)

SHIRE OF KALAMUNDA ENTERPRISE AGREEMENT 2015 (MUNICIPAL EMPLOYEES)

Local government administration
COMMISSIONER GREGORY	SYDNEY, 18 MAY 2016

Application for approval of the Shire of Kalamunda Enterprise Agreement 2015 (Municipal Employees).

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of Kalamunda sought approval for the Enterprise Agreement 2015 from the Fair Work Commission. The application was brought by the Shire, while the Municipal and Shires Employees' Union represented the employees. The dispute centred on whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009. The Commission needed to assess if the agreement contained the mandated minimum terms and conditions, and if the agreement was reached through proper bargaining processes. Additionally, the Commission had to consider if the agreement adhered to the procedural fairness principles, including the right to negotiate and whether the agreement had been properly presented to the employees for their consideration and vote.

The Fair Work Commission found that the Enterprise Agreement 2015 contained all the necessary minimum terms and conditions as stipulated by the Act. The Commission also determined that the agreement was reached through a genuine and fair bargaining process. Furthermore, the Commission concluded that the procedural fairness principles were upheld, as the agreement had been adequately presented to the employees for their consideration and vote. Consequently, the Commission approved the Enterprise Agreement 2015, finding it to be fair and reasonable.

The Fair Work Commission's final order was to approve the Shire of Kalamunda Enterprise Agreement 2015. The decision confirmed that the agreement was compliant with the legal requirements and provided for fair and reasonable terms and conditions for the employees. The approval of the agreement marked the resolution of the dispute, ensuring that both the Shire and the employees were bound by the terms outlined in the Enterprise Agreement 2015.

Shire of Kalamunda

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established