Shire of Wyndham East Kimberley

[2014] FWCA 1366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Wyndham East Kimberley
(AG2014/3401)

SHIRE OF WYNDHAM EAST KIMBERLEY ENTERPRISE AGREEMENT 2013-2016

Local government administration
COMMISSIONER WILLIAMS	PERTH, 28 FEBRUARY 2014

Application for approval of the Shire of Wyndham East Kimberley Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Wyndham East Kimberley Enterprise Agreement 2013-2016 (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 Wyndham East Kimberley. 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 Agreement is to be read together with the undertaking given by the employer in Schedule A attached. The undertaking is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

SCHEDULE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Shire of Wyndham East Kimberley Enterprise Agreement 2013-2016. The applicant, the Shire of Wyndham East Kimberley, sought the approval of the agreement which was intended to govern the employment conditions of its employees over the specified period. The dispute arose from the negotiation and subsequent submission of the agreement for approval, which was necessary under the Fair Work Act 2009 to ensure that the terms and conditions were fair and reasonable.

The central legal issue before the Commission was whether the enterprise agreement met the requirements for approval under section 231 of the Fair Work Act. This involved assessing whether the agreement was appropriately negotiated, whether it contained terms and conditions that were fair and reasonable, and if it complied with the statutory provisions and the procedural fairness requirements outlined in the Act. The Commission had to consider the negotiation process, the content of the agreement, and the potential impact on the employees and the employer.

The Commission found that the agreement was appropriately negotiated and contained terms and conditions that were fair and reasonable. The negotiation process adhered to the procedural fairness requirements, and the content of the agreement was compliant with the statutory provisions. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment and did not adversely affect the employees or the employer. Consequently, the Commission approved the Shire of Wyndham East Kimberley Enterprise Agreement 2013-2016, allowing it to take effect as intended.

The Commission's decision resulted in the formal approval of the enterprise agreement, which would govern the employment conditions of the Shire of Wyndham East Kimberley's employees from the specified period. This approval ensured that the agreement was legally binding and enforceable, providing clarity and stability in the employer-employee relationship for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established