DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Wyndham East Kimberley
(AG2017/5954)

SHIRE OF WYNDHAM EAST KIMBERLEY ENTERPRISE AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 MAY 2018

Application for approval of the Shire of Wyndham East Kimberley Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Wyndham East Kimberley 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 Wyndham East Kimberley. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on and, in accordance with s.54, will operate from . The nominal expiry date of the Agreement is .

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of Wyndham East Kimberley applied for approval of the Shire of Wyndham East Kimberley Enterprise Agreement 2017. The application involved the classification of employees under the agreement and the resolution of disputes regarding certain provisions. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the classification of employees as per the agreement was consistent with the relevant industrial instruments and whether the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement addressed the disputes concerning specific provisions as claimed by the parties.

The Commission found that the classification of employees under the agreement aligned with the applicable industrial instruments. It concluded that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the Shire and its employees. The Commission resolved the disputes concerning the provisions by making specific orders, ensuring that the agreement complied with the requirements of the Fair Work Act.

Consequently, the Commission approved the Shire of Wyndham East Kimberley Enterprise Agreement 2017, subject to the specific orders made to address the disputes. This decision provided certainty and clarity to the parties involved, ensuring that the agreement was fair and compliant with the relevant legislation.

Shire of Wyndham East Kimberley

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established