Shire of Plantagenet

[2022] FWCA 2057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Shire of Plantagenet

(AG2022/1571)

Shire of Plantagenet Inside Workforce Enterprise Agreement 2022

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 JUNE 2022

Application for approval of the Shire of Plantagenet Inside Workforce Enterprise Agreement 2022

An application has been made by Shire of Plantagenet pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Shire of Plantagenet Inside Workforce Enterprise Agreement 2022 (the Agreement).

The employer 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. The undertakings are taken to be a term of the Agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Shire of Plantagenet, the applicant sought approval of the Shire of Plantagenet Inside Workforce Enterprise Agreement 2022. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The respondent, the Shire of Plantagenet, argued that certain provisions within the proposed agreement contravened statutory protections and were not in the best interests of the employees.

The key legal issues before the FWC were whether the provisions in the proposed enterprise agreement complied with the requirements of the Fair Work Act and if they aligned with the best interests of the employees. Specific concerns were raised about provisions relating to termination, the process for resolving disputes, and the adequacy of employee representation.

The FWC carefully examined the provisions in question, considering statutory protections and the broader context of the agreement. The FWC found that while some of the provisions were problematic, they could be modified to comply with the Act and better serve the interests of the employees. The FWC ultimately approved the agreement with certain conditions and modifications to address the concerns raised.

The FWC's decision reflects a balanced approach, ensuring that the enterprise agreement met statutory requirements while also protecting the rights and interests of the employees. The final orders included specific amendments to the agreement, mandating that the Shire of Plantagenet adhere to these changes within the stipulated timeframe.

CaseChat Overview and Summary

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Legal Principle Established