DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Manjimup
(AG2015/5842)

SHIRE OF MANJIMUP ENTERPRISE AGREEMENT 2016-2019

Local government administration
COMMISSIONER ROE	MELBOURNE, 23 OCTOBER 2015

Application for approval of the Shire of Manjimup Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Manjimup Enterprise Agreement 2016 - 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 October 2015 and, in accordance with s.54, will operate from 4 January 2016. The nominal expiry date of the Agreement is 7 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of Manjimup applied for approval of the Shire of Manjimup Enterprise Agreement 2016-2019. The agreement was made under the Fair Work Act 2009. The applicant sought to have the agreement registered and approved as a modern award.

The main legal issues addressed by the Commission were whether the agreement complied with the procedural requirements of the Fair Work Act and whether it contained provisions that met the ‘better off overall test’. The Commission needed to ensure that the agreement was made in good faith and that it was fair and reasonable in the context of the economic and employment circumstances.

The Commission found that the agreement met the procedural requirements of the Act, including that it had been made in good faith and that the parties had engaged in genuine bargaining. The Commission also found that the agreement contained provisions that were fair and reasonable, including provisions for wages and conditions of employment. The Commission considered the economic and employment circumstances, including the financial position of the Shire and the availability of labour in the region. The Commission concluded that the agreement met the better off overall test and approved the agreement.

The Fair Work Commission approved the Shire of Manjimup Enterprise Agreement 2016-2019 as a modern award. The agreement will apply to employees of the Shire of Manjimup and will remain in effect until superseded by a new agreement or a modern award. The Commission's decision provides certainty for both the Shire and its employees and ensures that the agreement is fair and reasonable in the current economic and employment circumstances.

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