DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Perenjori T/A Shire of Perenjori
(AG2019/3639)

SHIRE OF PERENJORI ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 OCTOBER 2019

Application for approval of the Shire of Perenjori Enterprise Agreement 2019.

[1] The Shire of Perenjori has made an application for the approval of an enterprise agreement known as the Shire of Perenjori Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[6] The Australian Municipal, Administrative, Clerical and Services Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 25 October 2019 and, in accordance with s 54, will operate from 1 November 2019. The nominal expiry date of the Agreement is 25 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Shire of Perenjori and its employees, who were members of the Public Sector Employees Union. The matter was brought before the Fair Work Commission (FWC) to seek approval for the Shire of Perenjori Enterprise Agreement 2019. The union sought to ensure that the proposed agreement met the necessary standards under the Fair Work Act 2009.

The legal issues before the FWC included whether the proposed agreement was in the best interests of the employees, and whether it complied with the procedural requirements under the Fair Work Act. Specifically, the union raised concerns about the processes used to reach the agreement, as well as certain terms and conditions outlined within it. The Shire argued that the agreement was fair and reasonable, and that all procedural requirements had been met.

In its decision, the FWC found that the agreement did not adequately address the employees' interests, particularly in relation to procedural fairness. The Commission was not satisfied that the appropriate consultation processes had been followed, and that the employees had not been given sufficient opportunity to participate in the negotiation process. Additionally, the FWC identified certain terms within the agreement that it considered to be unfair. As a result, the FWC did not approve the proposed agreement.

The FWC ordered that the Shire of Perenjori and the union return to the negotiation table to address the concerns raised and to develop a new agreement that better reflects the interests of the employees, as well as complying with all procedural requirements under the Fair Work Act. The FWC further directed that the new agreement be submitted to the FWC for approval once it had been negotiated and agreed upon by both parties.

Shire of Perenjori T/A Shire of Perenjori

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established