Shire of Yilgarn

[2013] FWCA 3892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Shire of Yilgarn
(AG2013/6919)

SHIRE OF YILGARN EMPLOYEES COLLECTIVE AGREEMENT 2013

Local government administration
COMMISSIONER CLOGHAN	PERTH, 19 JUNE 2013

Application for approval of the Shire of Yilgarn Employees Collective Agreement 2013.

[1] On 11 June 2013, the Shire of Yilgarn made application for approval of a single enterprise agreement to be known as the Shire of Yilgarn Employees Collective Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 10 June 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 26 June 2013.

[6] The nominal expiry date of this Agreement is 18 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Shire of Yilgarn, represented by the Shire of Yilgarn, and various employees of the shire who were represented by the Australian Services Union (ASU). The dispute centred around the application for approval of the Shire of Yilgarn Employees Collective Agreement 2013. This case was heard by the Fair Work Commission, an Australian federal workplace relations tribunal. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the collective agreement adhered to the requirements set forth by the Fair Work Act. Specifically, the Commission needed to determine if the agreement was a genuine agreement between the employer and employees, if it was negotiated in good faith, and if it complied with the relevant provisions of the Act. Additionally, the Commission was required to consider whether the agreement provided adequate protections for employees, including provisions related to wages, conditions of employment, and dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the collective agreement met the necessary criteria for approval. The Commission noted that the agreement was the result of genuine negotiations between the parties and that it contained provisions that adequately protected the employees' interests. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. Consequently, the Commission approved the application for the collective agreement, allowing it to come into effect.

As a result of the Commission's decision, the Shire of Yilgarn Employees Collective Agreement 2013 was approved and came into effect. This decision provided clarity for the employees and the employer regarding the terms and conditions of employment, as well as the procedures for resolving any future disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established