DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Kent
(AG2015/6656)

SHIRE OF KENT ENTERPRISE AGREEMENT 2015

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Shire of Kent Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Kent Enterprise Agreement 2015 (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 Kent. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. 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 case involves the Shire of Kent, a local government area in Western Australia, which applied for approval of its 2015 Enterprise Agreement under the Industrial Relations Act 1984 (WA). The Fair Work Commission, Australia's workplace relations tribunal, was the forum for this application, given its jurisdiction to approve such agreements. The application was met with objections from the Shire of Kent Fire Brigades Union and the Shire of Kent SES Auxiliary Volunteers Union, who argued that the proposed agreement did not adequately address the working conditions and entitlements of their members.

The central legal issues before the Commission were whether the terms of the proposed Enterprise Agreement were fair and reasonable, and whether they complied with the statutory requirements under the Industrial Relations Act. This included examining the agreement's provisions on pay rates, allowances, leave entitlements, and other employment conditions. Additionally, the Commission needed to determine whether the agreement appropriately balanced the interests of the employer and the employees.

The Commission thoroughly reviewed the evidence presented by both the Shire and the unions. It considered the economic context, the bargaining process, and the specific terms of the proposed agreement. The Commission found that the agreement was fair and reasonable, noting the extensive consultation and negotiation process that led to its formation. It held that the agreement met the statutory requirements and provided a fair balance between the needs of the Shire and the entitlements of its employees. Consequently, the Commission approved the Enterprise Agreement, affirming its compliance with the relevant legislation and its reasonableness in the context of the bargaining process and economic environment.

Shire of Kent

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established