DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Pingelly
(AG2017/4576)

SHIRE OF PINGELLY COLLECTIVE AGREEMENT 2017

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JANUARY 2018

Application for approval of the Shire of Pingelly Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Pingelly 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 Pingelly. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 22 January 2018 and, in accordance with s.54, will operate from 29 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Shire of Pingelly for approval of the Shire of Pingelly Collective Agreement 2017. The agreement sought to regulate the terms and conditions of employment for employees of the Shire, covering matters such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. The application was made under the Fair Work Act 2009, which mandates that certain agreements be approved by the Fair Work Commission to ensure they meet prescribed standards.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement satisfied the criteria for a single-enterprise agreement, such as covering a single employer and being limited to employees of that employer. Additionally, the Commission assessed whether the agreement provided for minimum entitlements, including minimum wages, and if it contained appropriate dispute resolution processes. The fairness and reasonableness of the agreement's provisions were also scrutinised to ensure they were not detrimental to employees.

The Commission found that the agreement met the legislative requirements and was fair and reasonable. The agreement was comprehensive, covering all employees of the Shire and addressing key employment conditions as mandated by the Act. The Commission noted that the agreement provided for minimum entitlements and incorporated effective dispute resolution mechanisms. Furthermore, the Commission considered the agreement's provisions to be balanced and fair, taking into account the needs of both the employer and employees. Based on these findings, the Commission approved the Shire of Pingelly Collective Agreement 2017.

The Commission's decision was definitive, and the agreement was approved. The approval was subject to the agreement being registered with the Fair Work Commission, which would give it legal effect and enforceability under the Fair Work Act. The approval marked the formal recognition of the terms and conditions set out in the agreement, which would now govern the employment relationship between the Shire of Pingelly and its employees.

Shire of Pingelly

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established