DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Kalamunda
(AG2016/5536)

SHIRE OF KALAMUNDA - ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the Shire of Kalamunda Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Kalamunda Enterprise Agreement 2016. (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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of Kalamunda applied for approval of their Enterprise Agreement 2016 before the Fair Work Commission. This agreement had been negotiated between the Shire and the Shire of Kalamunda Employees’ Union. The application was opposed by the Kalamunda Shire Ratepayers and Citizens’ Association, who raised concerns regarding the terms of the agreement and its potential impact on the financial sustainability of the Shire.

The central legal issue before the Fair Work Commission was whether the terms of the Enterprise Agreement 2016 were fair and reasonable, and whether they complied with the relevant statutory requirements under the Fair Work Act 2009. This included assessing the agreement's provisions on wages, conditions, and other employment-related matters to determine if they met the standards set by the legislation. The Commission also needed to consider the potential financial implications of the agreement on the Shire's operations.

In its decision, the Fair Work Commission carefully examined the terms of the agreement, taking into account submissions from both the Shire and the Ratepayers and Citizens’ Association. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, including appropriate wage increases and improved working conditions. The Commission concluded that the agreement did not place an undue financial burden on the Shire and that it was in compliance with the statutory requirements. Therefore, the Commission approved the Enterprise Agreement 2016.

The Fair Work Commission's decision was made in favour of the Shire of Kalamunda, granting approval for the Enterprise Agreement 2016. This decision ensures that the employees of the Shire will benefit from the improved terms and conditions outlined in the agreement, while also maintaining the financial viability of the Shire.

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