DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Peppermint Grove
(AG2016/3272)

SHIRE OF PEPPERMINT GROVE EMPLOYEE AGREEMENT 2016

Local government administration
COMMISSIONER ROE	SYDNEY, 12 JULY 2016

Application for approval of the Shire of Peppermint Grove Employee Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Peppermint Grove Employee Agreement 2016 (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 Peppermint Grove. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 12 July 2016 and, in accordance with s.54, will operate from 19 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Shire of Peppermint Grove for approval of its Employee Agreement 2016. The agreement was intended to govern the employment conditions of certain employees within the Shire. The primary legal issues that the Commission needed to address were whether the agreement was in the interests of the employees it sought to cover and if it complied with relevant legislative provisions.

The Commission commenced its analysis by examining the contents of the Employee Agreement 2016, including its provisions on wages, leave entitlements, and other employment conditions. The Commission considered the potential impact of the agreement on the employees, focusing on whether the agreement would provide them with fair and reasonable terms of employment. The Commission also evaluated whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the process through which the agreement was developed and the extent to which it provided for genuine bargaining between the parties.

The Commission found that the Employee Agreement 2016 was in the interests of the employees it sought to cover. It concluded that the agreement provided for fair and reasonable terms of employment, including appropriate wage rates and leave entitlements. The Commission also determined that the agreement complied with the legislative requirements, including the process for its development and the extent of genuine bargaining. Consequently, the Commission approved the Employee Agreement 2016, subject to certain conditions to ensure ongoing compliance with the Fair Work Act 2009.

The Commission's final orders included the approval of the Employee Agreement 2016, with the condition that the Shire of Peppermint Grove provide ongoing information to the Commission to demonstrate compliance with the agreement and the Fair Work Act 2009. The Commission also required the Shire to notify the Commission of any changes to the agreement and to provide details of any disputes arising under the agreement. These orders aimed to ensure that the agreement continued to provide fair and reasonable terms of employment to the employees it covered while also upholding the principles of the Fair Work Act 2009.

Shire of Peppermint Grove

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established