DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Mundaring
(AG2015/3652)

SHIRE OF MUNDARING MUNICIPAL EMPLOYEES COLLECTIVE ENTERPRISE AGREEMENT 2015

Local government administration
COMMISSIONER LEE	MELBOURNE, 3 JULY 2015

Application for approval of the Shire of Mundaring Municipal Employees Collective Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Mundaring Municipal Employees Collective Enterprise Agreement 2015 (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.

[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 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.

[5] The Agreement was approved on 3 July 2015 and, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Shire of Mundaring sought approval of its Municipal Employees Collective Enterprise Agreement 2015. The application was heard in the Fair Work Commission. The applicants, the Shire of Mundaring, argued that the agreement was necessary to ensure the ongoing viability of the Shire and to provide appropriate terms and conditions for its employees. The legal issues before the Commission involved assessing whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the parties involved. The Fair Work Commission considered various aspects of the agreement, including its provisions, the process by which it was negotiated, and its implications for both the Shire and its employees. The Commission ultimately found that the agreement was fair and reasonable, taking into account the need for the Shire to maintain its financial stability and the need to provide appropriate terms and conditions for employees. The Commission approved the agreement, recognising that it balanced the interests of both parties and provided a fair and reasonable outcome.

The Commission held that the agreement was necessary to ensure the ongoing viability of the Shire and to provide appropriate terms and conditions for its employees. It found that the agreement was fair and reasonable, taking into account the need for the Shire to maintain its financial stability and the need to provide appropriate terms and conditions for employees. The Commission also found that the agreement was negotiated in good faith and that it provided a fair and reasonable outcome for both parties. The Commission approved the agreement, recognising that it balanced the interests of both parties and provided a fair and reasonable outcome. The approval of the agreement ensures that the Shire of Mundaring can continue to provide essential services to its community while also providing appropriate terms and conditions for 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