Shire of Pingelly Summary

[2014] FWCA 5443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Pingelly
(AG2014/6452)

SHIRE OF PINGELLY COLLECTIVE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 12 AUGUST 2014

Application for approval of the Shire of Pingelly Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Pingelly Collective Agreement 2014 (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 Pingelly. 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 does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

SCHEDULE A

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Shire of Pingelly, sought approval for the Shire of Pingelly Collective Agreement 2014 from the Fair Work Commission. The agreement, which was intended to govern employment conditions for certain council employees, was contested on the basis that it did not adequately reflect the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory criteria for approval, including provisions for minimum wages and conditions, and whether it adhered to the principles of good faith bargaining.

The legal issues centred on whether the agreement appropriately addressed the statutory minimum entitlements, particularly in relation to wage rates and conditions for employees. The applicant argued that the agreement was the product of genuine negotiations and reflected the will of the parties. The opposing party contended that the agreement failed to meet the legislative standards, particularly in relation to minimum wages and the treatment of certain employee groups. The Commission needed to assess whether the agreement was genuinely negotiated and whether it complied with the statutory requirements set out in the Fair Work Act.

In its decision, the Fair Work Commission determined that the Shire of Pingelly Collective Agreement 2014 did meet the statutory criteria for approval. The Commission found that the agreement was the result of genuine negotiations between the parties and that it provided for the minimum wages and conditions as required by the Fair Work Act. The Commission also concluded that the agreement did not unfairly disadvantage any group of employees. As a result, the application for approval was upheld, and the agreement was authorised to take effect.

Shire of Pingelly

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established