Shire of Northampton

[2013] FWCA 7262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Northampton
(AG2013/9235)

SHIRE OF NORTHAMPTON UNION COLLECTIVE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 20 SEPTEMBER 2013

Application for approval of the Shire of Northampton Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Northampton Union Collective Agreement 2013 (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 Northampton. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 20 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Shire of Northampton, applied to the Fair Work Commission for approval of a collective agreement negotiated with its employees. The respondents, represented by the Australian Services Union (ASU), contested certain provisions of the agreement, arguing they contravened the Fair Work Act 2009. The Fair Work Commission heard the application, assessing the legality and fairness of the agreement provisions.

The legal issues before the Commission included whether specific clauses in the collective agreement were consistent with the Fair Work Act, particularly in relation to redundancy entitlements and the classification of employees. The Commission needed to determine if the provisions met the criteria for unfair dismissal and if they complied with the principles of good faith bargaining and procedural fairness. Additionally, the Commission assessed whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission found that certain provisions of the agreement did not comply with the Fair Work Act, particularly those relating to redundancy entitlements, which were deemed to be overly generous and not in line with statutory minimum standards. The Commission concluded that these provisions were unfair to the employer and could not be approved. However, other clauses were deemed to be lawful and in the best interests of both the employees and the employer. The Commission made orders approving the collective agreement with the non-compliant provisions removed, ensuring they complied with the Act.

The final orders of the Fair Work Commission were that the collective agreement be approved with the specified clauses relating to redundancy entitlements removed and replaced with provisions compliant with the Fair Work Act. The Commission directed that the agreement, as modified, be registered and enforceable, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established