DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Pingelly
(AG2020/3212)

SHIRE OF PINGELLY COLLECTIVE AGREEMENT 2020

Local government administration
COMMISSIONER WILLIAMS	PERTH, 7 DECEMBER 2020

Application for approval of the Shire of Pingelly Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Pingelly Collective Agreement 2020 (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 14 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of Pingelly applied for the approval of the Shire of Pingelly Collective Agreement 2020. The agreement was entered into between the Shire and its employees, represented by the Public Sector Union. The nature of the dispute pertained to the procedural fairness of the negotiation process leading to the agreement. The Commission was tasked with determining whether the process followed all necessary legal requirements and whether the agreement was made in good faith.

The legal issues before the Commission involved the procedural fairness of the negotiation process, specifically whether the Shire provided the Union with all necessary information to engage in meaningful bargaining. The Commission also had to assess if the negotiation process was conducted in good faith and whether the agreement was made in line with the relevant provisions of the Fair Work Act 2009. Furthermore, the Commission considered whether the terms of the agreement were fair and reasonable.

The Commission found that the Shire did not provide the Union with all necessary information to allow for meaningful bargaining, thereby breaching procedural fairness. However, the Commission concluded that the negotiation process was conducted in good faith and that the agreement itself was fair and reasonable. Given these findings, the Commission approved the Shire of Pingelly Collective Agreement 2020.

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