Shire of Kalamunda

[2014] FWCA 2738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Kalamunda
(AG2014/4019)

SHIRE OF KALAMUNDA ENTERPRISE AGREEMENT 2013 (MUNICIPAL EMPLOYEES)

Local government administration
COMMISSIONER WILLIAMS	PERTH, 28 APRIL 2014

Application for approval of the Shire of Kalamunda Enterprise Agreement 2013 (Municipal Employees).

[1] An application has been made for approval of an enterprise agreement known as the Shire of Kalamunda Enterprise Agreement 2013 (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] 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 Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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.

[5] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2014. The nominal expiry date of the Agreement is 7 August 2015.

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of Kalamunda applied for the approval of the Shire of Kalamunda Enterprise Agreement 2013 (Municipal Employees). The dispute centred around the terms and conditions of employment for municipal employees within the Shire, with a particular focus on the classification and pay rates of the employees. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum terms and conditions of employment and whether it had been fairly negotiated.

The primary legal issues that the Commission had to address were whether the agreement adequately covered all mandatory provisions required by law and whether it was free from any unfair content. Specifically, the Commission examined whether the agreement provided for minimum wages, penalty rates, leave entitlements, and other conditions in compliance with the relevant industrial instruments and legislation. Additionally, the Commission assessed whether the negotiation process was genuine and if the agreement was fairly concluded without any duress or coercion.

The Commission found that the agreement was comprehensive and provided for all the necessary minimum terms and conditions as required by law. The agreement was deemed to have been fairly negotiated, with no evidence of coercion or undue influence. The Commission took into account the process followed by the Shire in reaching the agreement and considered the input of the employees' representatives. Consequently, the Commission approved the agreement, finding it to be compliant with all statutory requirements.

The Fair Work Commission approved the Shire of Kalamunda Enterprise Agreement 2013 (Municipal Employees), effective from the date of the decision. The approval confirmed that the agreement met all legal standards and was a fair and reasonable outcome of the negotiation process. The employees covered by the agreement would now be entitled to the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established