Shire of Mundaring Summary

[2014] FWCA 7112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Mundaring
(AG2014/7319)

SHIRE OF MUNDARING (LOCAL GOVERNMENT ADMINISTRATIVE EMPLOYEES) ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 15 OCTOBER 2014

Application for approval of the Shire of Mundaring (Local Government Administrative Employees) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Mundaring (Local Government Administrative Employees) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Shire of Mundaring. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of Mundaring sought approval of the Shire of Mundaring (Local Government Administrative Employees) Enterprise Agreement 2014. The applicants were the Shire of Mundaring and the Mundaring Municipal Council of the Public Sector Union of Western Australia. The respondents were the employees of the Shire covered by the proposed agreement. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, including the provision of a safety net, the absence of sham agreements, and compliance with relevant industrial instruments.

The central legal issues were whether the proposed agreement provided for a safety net, was not a sham agreement, and complied with relevant industrial instruments. The Commission considered whether the proposed agreement adequately covered minimum wages and conditions, and if it met the criteria for being deemed a genuine agreement rather than a sham. Additionally, the Commission assessed whether the agreement complied with other relevant industrial instruments, ensuring it did not contravene existing awards or agreements.

The Commission found that the proposed agreement met the safety net provisions, provided for genuine terms and conditions, and did not contravene any relevant industrial instruments. The applicants demonstrated that the agreement was negotiated in good faith and was not a sham agreement. The Commission was satisfied that the proposed agreement provided for a safety net, was not a sham, and complied with relevant industrial instruments. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Shire of Mundaring (Local Government Administrative Employees) Enterprise Agreement 2014. The decision was made on the basis that the agreement met the legislative requirements, including the provision of a safety net, the absence of sham agreements, and compliance with relevant industrial instruments. This approval allowed the agreement to be implemented, governing the terms and conditions of employment for the employees of the Shire of Mundaring.

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