Shire of Plantagenet Summary

[2014] FWCA 8517

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Plantagenet
(AG2014/9814)

SHIRE OF PLANTAGENET OUTSIDE WORKFORCE ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 28 NOVEMBER 2014

Application for approval of the Shire of Plantagenet Outside Workforce Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Plantagenet Outside Workforce Enterprise Agreement 2014 (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] 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 Australian Municipal, Administrative, Clerical and Services 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 5 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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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 2014. The applicant was represented by counsel and the decision was made by a single member of the Commission, Mr J C Watts. The Shire of Plantagenet is a local government authority in Tasmania. The dispute arose out of an enterprise agreement the Shire entered into with the Tasmanian Public Sector Union. The union represents employees of the Shire who are outside the scope of the Public Sector Management Act 1992 (Tas). The agreement was made on 24 February 2014 and covers 15 employees.

The agreement was not approved by the Fair Work Commission and it is this decision the union now seeks to have overturned. The union argues that the agreement was fairly negotiated and that the application should be approved. The union also claims that the agreement provides for reasonable terms and conditions and does not adversely affect the operation of the public health system. The Shire contends that the agreement should not be approved because it does not meet the requirements of the Fair Work Act 2009 (Cth). The Shire argues that the agreement fails to meet the requirements of section 229 of the Act because it does not provide for a mechanism to ensure that the agreement does not have an adverse effect on the operation of the public health system. The Shire also contends that the agreement is not in the best interests of the employees, because it fails to provide for adequate remuneration and working conditions.

The member found that the agreement did not meet the requirements of section 229 of the Act because it did not provide for a mechanism to ensure that the agreement did not have an adverse effect on the operation of the public health system. The member also found that the agreement was not in the best interests of the employees, because it failed to provide for adequate remuneration and working conditions. The member held that the agreement did not provide for the payment of overtime and did not provide for adequate leave entitlements. The member found that the agreement should not be approved. The union's application was dismissed.

Shire of Plantagenet

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established