Shire of Mundaring Summary

[2018] FWCA 7772

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Shire of Mundaring

(AG2018/5430)

Shire of Mundaring (Local Government Administrative Employees) Enterprise Agreement 2018

Local government administration
Commissioner Lee	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Shire of Mundaring (Local Government Administrative Employees) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Shire of Mundaring (Local Government Administrative Employees) Enterprise Agreement 2018 (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 Mundaring. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Shire of Mundaring sought approval of an enterprise agreement with its employees, which was contested by the Public Sector Employees Union. The case was heard in the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal standards for approval. The key legal issues the Commission had to decide were whether the agreement provided for fair and reasonable terms and conditions, and whether it was appropriately negotiated and represented the interests of the employees.

The Commission examined the negotiation process and the content of the agreement, focusing on provisions such as remuneration, working conditions, and dispute resolution mechanisms. The Commission found that the agreement was the product of genuine negotiations and represented the employees' interests adequately. The terms of the agreement were also considered fair and reasonable, taking into account the nature of the work and the financial capacity of the Shire. The Commission noted that the agreement provided for appropriate protections and benefits for employees while also considering the Shire's financial constraints.

After considering all the evidence and arguments presented, the Commission approved the Shire of Mundaring (Local Government Administrative Employees) Enterprise Agreement 2018. The Commission was satisfied that the agreement met the necessary legal criteria and would serve the interests of both the Shire and its employees. The decision affirmed the validity of the agreement, allowing it to be implemented as intended.

Shire of Mundaring

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established