DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Manjimup
(AG2019/58)

SHIRE OF MANJIMUP ENTERPRISE AGREEMENT - 2019-2022

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 14 JUNE 2019

Application for approval of the Shire of Manjimup Enterprise Agreement - 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Manjimup Enterprise Agreement - 2019-2022 (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 Manjimup. The Agreement is a single enterprise agreement.

[2] The Employer 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 are relevant to this application for approval and have been met.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of Manjimup brought an application before the Fair Work Commission seeking approval of an enterprise agreement between the Shire and its employees for the period 2019-2022. The applicants argued that the agreement complied with all relevant provisions of the Fair Work Act 2009. The respondents, representing the employees, raised objections, contending that certain provisions of the agreement were not in accordance with the Act, particularly regarding the terms and conditions of employment.

The legal issues before the Commission were whether the enterprise agreement met all the requirements under the Fair Work Act, including fairness and procedural fairness. The Commission needed to determine if the agreement was made in good faith, if it provided for the proper classification of employees, and if it met the criteria for being a simple, fair, and efficient agreement. The Commission also had to consider if there was proper consultation and negotiation between the parties and whether the agreement was free from any coercion or undue influence.

The Fair Work Commission, after considering the evidence and submissions from both parties, concluded that the enterprise agreement was fair and compliant with the Fair Work Act. The Commission found that the agreement was made in good faith, and there was sufficient evidence of proper consultation and negotiation. The Commission was satisfied that the agreement provided for fair terms and conditions and was efficient and simple in nature. The objections raised by the respondents were dismissed, and the Commission approved the agreement as compliant with the requirements of the Act.

The final orders of the Commission were that the Shire of Manjimup Enterprise Agreement 2019-2022 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from 1 July 2019, and all terms and conditions set out in the agreement were to apply to the employees of the Shire of Manjimup for the specified period.

Shire of Manjimup

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established