DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Plantagenet
(AG2018/438)

SHIRE OF PLANTAGENET OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER WILSON	MELBOURNE, 2 MAY 2018

Application for approval of the Shire of Plantagenet Outside Workforce Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Plantagenet Outside Workforce Enterprise Agreement 2017 (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 Applicant 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 9 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of Plantagenet applied to the Fair Work Commission for approval of the Shire of Plantagenet Outside Workforce Enterprise Agreement 2017. The application was made under section 231 of the Fair Work Act 2009. The applicants, being the employer, were represented by Mr. M.A.M. O’Brien. The Commission was required to consider the application on the basis of the material before it, having regard to the criteria in section 231 of the Act. The applicant was represented by Mr. O’Brien, and no other party appeared to oppose the application. The applicant argued that the enterprise agreement met the criteria for approval under the Act.

The Commission considered whether the enterprise agreement was a “good faith” agreement and whether it complied with the relevant provisions of the Act. The Commission found that the agreement was a good faith agreement, as it had been negotiated in good faith and contained provisions that were fair and reasonable. The Commission also found that the agreement complied with the Act, including the provisions relating to minimum entitlements and the protection of vulnerable employees. The Commission noted that the agreement provided for the payment of a minimum rate of pay and other entitlements to employees, and that it contained provisions that protected the rights of vulnerable employees, such as those on fixed-term contracts.

Having considered the application and the material before it, the Commission approved the Shire of Plantagenet Outside Workforce Enterprise Agreement 2017. The Commission found that the agreement met the criteria for approval under the Act and that it was a good faith agreement that complied with the relevant provisions of the Act. The Commission noted that the agreement provided for the payment of minimum entitlements to employees and contained provisions that protected the rights of vulnerable employees. The Commission approved the agreement on the basis that it met the criteria for approval under the Act.

The Fair Work Commission approved the Shire of Plantagenet Outside Workforce Enterprise Agreement 2017, finding that it was a good faith agreement that complied with the relevant provisions of the Act. The Commission noted that the agreement provided for the payment of minimum entitlements to employees and contained provisions that protected the rights of vulnerable employees. The Commission approved the agreement on the basis that it met the criteria for approval under the Fair Work Act 2009.

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