Shire of Yilgarn

[2021] FWCA 6697

[2021] FWCA 6697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Yilgarn
(AG2021/8066)

SHIRE OF YILGARN ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER CIRKOVIC	MELBOURNE, 15 NOVEMBER 2021

Application for approval of the Shire of Yilgarn Enterprise Agreement 2021.

[1] The Shire of Yilgarn (the Applicant) has made an application for approval of an enterprise agreement known as the Shire of Yilgarn Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 5 November 2021.

[3] On 5 November 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Chambers sought lodgement of an instrument of appointment for the Applicant representative as required by rule 24 of the Fair Work Rules.

•  Chambers requested an amended agreement signature page that contains the postcode and state of the signatories to ensure Regulation 2.06A of the Fair Work Regulations 2009 is complied with.

•  The nominal expiry date provided in the Agreement was more than 4 years after the Agreement will be approved which is inconsistent with section 186(5)(b) of the Act.

•  Chambers raised better off overall concerns concerning part time employees who work overtime and trainees/apprentices who could be engaged under the Agreement.

[4] The Applicant has submitted an undertaking in the required form dated 8 November 2021. The undertaking deals with the following topics:

•  The Agreement’s nominal expiry date will be 4 years from approval of the Agreement.

•  The employer has provided a system to ensure that part-time workers are able to receive overtime rates when required.

•  Trainees and apprentices will be paid in accordance with the appropriate classification in the Local Government Industry Award 2020 plus 1%.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 November 2025.

COMMISSIONER

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