DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Plantagenet
(AG2018/1486)

SHIRE OF PLANTAGENET INSIDE WORKFORCE ENTERPRISE AGREEMENT 2018

Local government administration
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Shire of Plantagenet Inside Workforce Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Plantagenet Inside Workforce Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shire of Plantagenet. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by the Shire of Plantagenet for approval of the Shire of Plantagenet Inside Workforce Enterprise Agreement 2018. The Shire sought approval of the agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for approval, including whether it contained the minimum terms and conditions of employment set out in the Fair Work Act.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval. This included assessing whether the agreement contained the minimum terms and conditions, whether it had been formed in good faith, and whether it had been appropriately certified by an independent certifier. The Commission also had to consider whether the agreement was likely to have a detrimental effect on the economy of Australia or a State or Territory.

In reaching its decision, the Commission noted that the agreement contained the minimum terms and conditions of employment as required by the Fair Work Act. The Commission was satisfied that the agreement had been formed in good faith and that it had been appropriately certified. The Commission also found that the agreement was not likely to have a detrimental effect on the economy of Australia or a State or Territory. Accordingly, the Commission approved the agreement and made orders for its registration.

The Commission's decision provides useful guidance for employers seeking to approve enterprise agreements. The decision highlights the importance of ensuring that agreements contain the minimum terms and conditions and are appropriately certified. Employers should also be aware of the potential consequences of not meeting the statutory criteria for approval.

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