DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Mundaring
(AG2021/6905)

APPLICATION FOR APPROVAL OF THE SHIRE OF MUNDARING ADMINISTRATIVE EMPLOYEES ENTERPRISE AGREEMENT 2021

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 SEPTEMBER 2021

Application for approval of the Shire of Mundaring Administrative Employees Enterprise Agreement 2021.

[1] The Shire of Mundaring has made an application for the approval of an enterprise agreement known as the Shire of Mundaring Administrative Employees Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, 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 (the organisation),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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 3 September 2021 and, in accordance with s 54, will operate from 10 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved an application for the approval of the Shire of Mundaring Administrative Employees Enterprise Agreement 2021. The applicant was the Shire of Mundaring, and the respondents were various employees' unions. The matter was heard in the Fair Work Commission, which is Australia's workplace relations tribunal. The primary dispute centred on whether the proposed agreement complied with the relevant federal industrial relations legislation, including the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the employees' minimum entitlements, whether it included appropriate dispute resolution processes, and whether it adhered to the provisions of the Fair Work Act. A significant point of contention was the classification of certain employees and whether the proposed agreement appropriately addressed their roles and responsibilities. The Commission also had to consider submissions from both the Shire and the unions regarding the fairness and practicality of the agreement.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the proposed agreement largely complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for the employees' minimum entitlements and included appropriate dispute resolution mechanisms. The classification of employees was deemed reasonable, and the overall terms of the agreement were considered fair and practicable. Consequently, the Commission approved the Shire of Mundaring Administrative Employees Enterprise Agreement 2021.

As a result of the Commission's decision, the agreement is now approved and in effect, governing the employment conditions of the administrative employees within the Shire of Mundaring. This outcome ensures that the terms of the agreement are legally binding and enforceable, providing a framework for the workplace relations between the Shire and its employees.

Shire of Mundaring

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established