Shire of Peppermint Grove

[2013] FWCA 9097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Peppermint Grove
(AG2013/11333)

SHIRE OF PEPPERMINT GROVE EMPLOYEE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 20 NOVEMBER 2013

Application for approval of the Shire of Peppermint Grove Employee Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Peppermint Grove Employee 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 Peppermint Grove. 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 27 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Shire of Peppermint Grove, the matter was brought before the Fair Work Commission, which was asked to approve the Shire of Peppermint Grove Employee Agreement 2013. The agreement in question was a collective agreement between the Shire of Peppermint Grove and certain of its employees, which was to provide terms and conditions of employment for the employees. The dispute centred around the validity of certain clauses in the agreement, particularly those related to employee classification and pay rates.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely bargained and whether it met the criteria for a single-enterprise agreement. Another key issue was whether the agreement's provisions regarding employee classification and pay rates were consistent with the applicable industrial instruments and the Fair Work Act.

The Commission found that the agreement was genuinely bargained as it was the product of meaningful negotiation between the parties. It also found that the agreement was a single-enterprise agreement as it related to a single employer, the Shire of Peppermint Grove. The Commission further determined that the provisions regarding employee classification and pay rates were consistent with the relevant industrial instruments and did not contravene the Fair Work Act. As a result, the Commission approved the Shire of Peppermint Grove Employee Agreement 2013.

No further orders were made by the Commission beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established