DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Merredin
(AG2017/6004)

OUTSIDE STAFF ENTERPRISE AGREEMENT 2016 - 2019

Local government administration
COMMISSIONER MCKINNON	MELBOURNE, 11 APRIL 2018

Application for approval of the Outside Staff Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Outside Staff 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 Merredin. 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 Workers’ 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 18 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of Merredin applied for the approval of the Outside Staff Enterprise Agreement 2016-2019. The applicant argued that the agreement was made in good faith and was appropriate for the employees it covered. The application was opposed by the Australian Services Union, who contended that the agreement did not meet the legal requirements for approval.

The legal issues before the Commission were whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act 2009. In particular, the Commission considered whether the agreement contained the minimum terms and conditions prescribed by the Act and whether it had been made without coercion, duress, or discrimination.

The Commission found that the agreement was made in good faith and was appropriate for the employees it covered. The Commission noted that the agreement contained the minimum terms and conditions required by the Act, and that there was no evidence of any coercion, duress, or discrimination in the making of the agreement. The Commission also found that the agreement was in the best interests of the employees it covered, as it provided for fair and reasonable terms and conditions of employment.

The Commission approved the Outside Staff Enterprise Agreement 2016-2019, subject to certain modifications to ensure compliance with the Act. The modifications included the addition of a clause relating to the calculation of overtime and the removal of a clause that permitted the applicant to unilaterally vary the agreement. The applicant was directed to implement the modified agreement within 28 days of the decision.

Shire of Merredin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established