Shire of Toodyay

[2018] FWCA 7295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Shire of Toodyay

(AG2018/3814)

SHIRE OF TOODYAY OPERATIONS STAFF AGREEMENT 2017 - 2020

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 29 NOVEMBER 2018

Application for approval of the Shire of Toodyay Operations Staff Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Shire of Toodyay Operations Staff Agreement 2017 - 2020 (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 Toodyay. The Agreement is a single enterprise agreement.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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.

The Agreement lodged contained an error at Clause 37.2. On 20 November 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 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 applicant, the Shire of Toodyay, sought approval from the Fair Work Commission for the Shire of Toodyay Operations Staff Agreement 2017 - 2020. The applicant argued that the agreement was necessary to avoid industrial action by its employees. The application was made under the Fair Work Act 2009, which allows the Commission to approve an agreement if it is satisfied that it will improve workplace relations and prevent industrial action.

The legal issues before the Fair Work Commission included whether the agreement met the statutory criteria for approval, whether it would improve workplace relations, and whether it would prevent industrial action. The Commission had to consider the content of the agreement, the bargaining process, and the evidence presented by the parties. The applicant needed to demonstrate that the agreement was genuinely negotiated and that it provided a fair and reasonable outcome for both parties.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated and that it would improve workplace relations by providing a fair and reasonable outcome for both parties. The Commission also found that the agreement would prevent industrial action by the applicant's employees. The Commission approved the agreement, subject to certain modifications to ensure that it complied with the relevant legislative provisions.

The Fair Work Commission approved the Shire of Toodyay Operations Staff Agreement 2017 - 2020, subject to modifications. The applicant was required to implement the modified agreement and take all necessary steps to ensure compliance with the relevant legislative provisions. The Commission's decision was final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established