Shire of Kalamunda

[2014] FWCA 8129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Kalamunda
(AG2014/9695)

SHIRE OF KALAMUNDA ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 20 NOVEMBER 2014

Application for approval of the Shire of Kalamunda Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Kalamunda Enterprise Agreement 2014(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 Kalamunda. 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 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Shire of Kalamunda, the applicant sought approval for the Shire of Kalamunda Enterprise Agreement 2014. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement adequately covered the terms and conditions of employment for the relevant employees, including minimum wages, hours of work, leave entitlements, and other employment conditions.

The Fair Work Commission was required to consider whether the agreement provided for fair and reasonable terms, in line with the provisions of the Act. This involved assessing the fairness and reasonableness of the agreement's provisions concerning employee remuneration, working hours, leave entitlements, and other terms and conditions of employment. Additionally, the Commission had to determine if the agreement complied with the requirements for employee representation and consultation during the bargaining process.

The Fair Work Commission found that the Shire of Kalamunda Enterprise Agreement 2014 was fair and reasonable, taking into account the relevant factors set out in the Fair Work Act. The Commission concluded that the agreement provided for appropriate terms and conditions of employment, including minimum wages, hours of work, leave entitlements, and other relevant provisions. Furthermore, the Commission was satisfied that the agreement complied with the requirements for employee representation and consultation during the bargaining process. Consequently, the Fair Work Commission approved the agreement.

The Fair Work Commission's decision was that the Shire of Kalamunda Enterprise Agreement 2014 met the necessary standards under the Fair Work Act 2009. The Commission approved the agreement, which would now apply to the relevant employees and set out their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established