Shire of Pingelly

[2013] FWCA 8944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Pingelly
(AG2013/9941)

SHIRE OF PINGELLY (OUTSIDE EMPLOYEES) ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER WILLIAMS	PERTH, 15 NOVEMBER 2013

Application for approval of the Shire of Pingelly (Outside Employees) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Pingelly (Outside Employees) Enterprise 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 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 Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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 22 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

The matter before the Fair Work Commission involved an application by the Shire of Pingelly for the approval of the Shire of Pingelly (Outside Employees) Enterprise Agreement 2013. The applicant sought the agreement's registration under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, specifically concerning the process of its formation and the adequacy of the consultation with relevant employees.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated between the employer and the employees' representatives and whether the agreement provided for the proper terms and conditions of employment, including minimum rates of pay, allowances, and leave entitlements. The Commission also had to determine if the agreement complied with the procedural requirements outlined in the Fair Work Act, such as ensuring that the employees had sufficient opportunity to be involved in the negotiation process.

In delivering its decision, the Commission examined the evidence presented regarding the negotiation process and the extent of employee consultation. It found that the negotiation process was flawed due to insufficient consultation with the employees' representatives. Despite this, the Commission acknowledged that the agreement contained provisions that were fair and reasonable in terms of the employees' terms and conditions of employment. The Commission concluded that while the negotiation process did not fully comply with the statutory requirements, the overall fairness of the agreement and the minimal impact of the procedural deficiencies on the employees warranted approval. The Commission approved the agreement, subject to certain conditions to ensure compliance with the Act in future negotiations.

The final orders of the Commission included the approval of the Shire of Pingelly (Outside Employees) Enterprise Agreement 2013, with conditions that future negotiations must adhere to the statutory requirements for genuine negotiation and consultation. The approved agreement was to be registered under the Fair Work Act, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established