Shire of Yilgarn

[2017] FWCA 4972

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Shire of Yilgarn

(AG2017/3068)

Shire Of Yilgarn Enterprise Agreement 2017

Local government administration
Commissioner Saunders	NEWCASTLE, 22 SEPTEMBER 2017

Application for approval of the Shire of Yilgarn Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Shire of Yilgarn 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 Yilgarn. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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 is approved and, in accordance with s.54 of the Act, will operate from 29 September 2017. The nominal expiry date of the Agreement is 21 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of Yilgarn applied to the Fair Work Commission for the approval of an enterprise agreement entered into with the Australian Nursing and Midwifery Federation. The dispute centred around the terms of the agreement, particularly regarding the classification of roles within the Shire's operations. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the proposed classification of roles in the agreement was consistent with the principles of good faith bargaining and whether the agreement met the statutory requirements for approval. This involved an examination of whether the agreement provided for fair and reasonable terms and conditions of employment, including any classifications of roles that might affect the rights and duties of employees.

The Commission considered that the agreement contained terms that were fair and reasonable, and it was made in good faith. The Commission noted that the proposed classifications were reflective of the roles and responsibilities within the Shire's operations. It found that the agreement met the legislative requirements and thus approved the application for the agreement to be registered. The decision underscored the importance of ensuring that enterprise agreements foster fair and reasonable terms that are reflective of the nature of the work being performed.

The Fair Work Commission approved the Shire of Yilgarn Enterprise Agreement 2017, registering it under the Fair Work Act 2009. This decision marked the formal recognition of the agreement, which would now govern the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established