DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Northampton
(AG2017/6495)

SHIRE OF NORTHAMPTON UNION COLLECTIVE AGREEMENT 2017

Local government administration
COMMISSIONER WILSON	MELBOURNE, 29 JANUARY 2018

Application for approval of the Shire of Northampton Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Northampton Union Collective Agreement 2017 (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 Northampton. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2018. The nominal expiry date of the Agreement is 28 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of the Shire of Northampton, the applicant sought approval of a collective agreement entered into with the Shire's employees. The Shire of Northampton Union Collective Agreement 2017 was brought before the Fair Work Commission. The central issue the court had to determine was whether the agreement complied with the Fair Work Act 2009, particularly with respect to its provisions on minimum wages, penalty rates, and other employment conditions. The court also had to assess if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions of employment.

The court examined the agreement clause by clause, ensuring that each term met the statutory requirements and was not contrary to public policy. The Shire argued that the agreement was negotiated in good faith and reflected the terms agreed upon by the parties. The court considered evidence from both parties regarding the negotiation process and the context in which the agreement was made. It also evaluated whether the terms of the agreement were reasonable in light of the economic and operational circumstances of the Shire.

After thorough examination, the court found that the agreement generally complied with the Fair Work Act and was made in good faith. The court approved the agreement, noting that the terms and conditions were fair and reasonable, considering the specific circumstances of the Shire and its employees. The decision underscored the importance of fair negotiations and the reasonableness of the terms agreed upon.

The final orders of the court were to approve the Shire of Northampton Union Collective Agreement 2017, subject to the terms and conditions set out in the agreement itself. The court directed the parties to adhere to the approved terms and to abide by the provisions of the Fair Work Act.

Shire of Northampton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established