DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Plantagenet
(AG2020/4002)

SHIRE OF PLANTAGENET OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER WILLIAMS	PERTH, 5 MARCH 2021

Application for approval of the Shire of Plantagenet Outside Workforce Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Plantagenet Outside Workforce Enterprise 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 Plantagenet. The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking 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] The ASU, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Shire of Plantagenet to the Fair Work Commission for approval of the Shire of Plantagenet Outside Workforce Enterprise Agreement 2020. The Shire sought approval of the enterprise agreement under section 232 of the Fair Work Act 2009. The primary dispute arose from disagreements regarding the terms of the proposed agreement, particularly concerning the classification and remuneration of employees within the outside workforce.

The legal issues before the Commission centred on whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act. Key concerns included whether the agreement provided adequate protections for employee rights, particularly in relation to minimum rates of pay and classification. The Commission also needed to assess whether the agreement had been made in good faith and whether it met the requirements for simplicity and transparency.

The Commission determined that the proposed agreement did not meet the statutory requirements for approval. The primary issue was that the agreement failed to provide minimum rates of pay and classification for certain employees, which contravened the Fair Work Act. The Commission found that these deficiencies meant the agreement did not adequately protect the rights of the employees. Additionally, the Commission concluded that the agreement did not comply with the requirement for simplicity and transparency, as it contained complex and ambiguous language that could lead to uncertainty in its application.

The Fair Work Commission refused to approve the Shire of Plantagenet Outside Workforce Enterprise Agreement 2020, directing the Shire to make further amendments to address the identified deficiencies. The Commission emphasised the importance of ensuring that enterprise agreements provide clear and adequate protections for employees and comply with the statutory requirements for simplicity and transparency.

Shire of Plantagenet

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established