Shire of Plantagenet Summary

[2014] FWCA 6747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Plantagenet
(AG2014/8562)

SHIRE OF PLANTAGENET INSIDE WORKFORCE ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILLIAMS	PERTH, 26 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Shire of Plantagenet Inside 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 does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 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 3 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Shire of Plantagenet for the approval of the Shire of Plantagenet Inside Workforce Enterprise Agreement 2014. The dispute arose as the Shire sought to finalise a new enterprise agreement that would govern the terms and conditions of employment for its inside workforce. The Commission was tasked with assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues that the Commission needed to resolve included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, including whether it had been made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions for the employees covered by it. The Shire argued that the agreement was the product of genuine negotiations and provided fair and reasonable terms for both the employees and the employer.

The Commission examined the process through which the agreement was negotiated and whether it was conducted in good faith. It considered the evidence provided by both parties, including the negotiation records and the views of the employee representatives. The Commission also assessed the substantive terms of the agreement to determine if they were fair and reasonable. After thorough consideration, the Commission found that the agreement had been made in accordance with the requirements of the Act, and it approved the Shire of Plantagenet Inside Workforce Enterprise Agreement 2014. This decision was based on the evidence that the agreement was the result of genuine negotiations and that it provided fair and reasonable terms for the employees.

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