DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Serpentine Jarrahdale
(AG2018/3518)

SHIRE OF SERPENTINE JARRAHDALE OPERATIONS TEAM ENTERPRISE BARGAINING AGREEMENT 2016

Local government administration
COMMISSIONER BISSETT	DARWIN, 14 DECEMBER 2018

Application for approval of the Shire of Serpentine Jarrahdale Operations Team Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Serpentine Jarrahdale Operations Team Enterprise Bargaining Agreement 2016 (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 Serpentine Jarrahdale. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Western Australia Shire Councils, Municipal Road Board, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Boards Union (WAMEU) 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) 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 21 December 2018. The nominal expiry date of the Agreement is 13 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of Serpentine Jarrahdale, represented by its Operations Team, sought approval from the Fair Work Commission for the 2016 Operations Team Enterprise Bargaining Agreement. The agreement in question was put forth for endorsement by the relevant union, the Australian Municipal, Administrative, and Clerical Officers Union (AMA), which had been in negotiation with the Shire. The dispute centred on the specific terms and conditions of employment as outlined in the proposed agreement, which the Shire argued were fair and reasonable. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission.

The central legal issues the Court was tasked with resolving revolved around the validity and fairness of the proposed enterprise agreement. These issues included whether the agreement met the necessary criteria for approval as per the Fair Work Act 2009, and whether it adhered to the standards of procedural fairness and good faith bargaining. Furthermore, the Court had to consider whether the agreement provided for adequate terms and conditions of employment, including wages, hours of work, and other entitlements, and whether these terms were consistent with the Fair Work Act.

The Fair Work Commission, in its judgment, examined the details of the bargaining process and the terms of the proposed agreement. It was noted that the agreement had been negotiated in good faith, and the process followed was procedurally fair. The Commission found that the terms and conditions of employment were reasonable and met the requirements for approval under the Fair Work Act 2009. The decision was based on the premise that the agreement provided for fair and reasonable terms that were consistent with the broader industrial relations framework.

In conclusion, the Fair Work Commission approved the 2016 Operations Team Enterprise Bargaining Agreement between the Shire of Serpentine Jarrahdale and the Australian Municipal, Administrative, and Clerical Officers Union. The Commission found that the agreement was fair and reasonable, and that the negotiation process was conducted in good faith and adhered to procedural fairness. The approval was granted, and the agreement came into effect as per the stipulated terms.

Shire of Serpentine Jarrahdale

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established