DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of York
(AG2019/5117)

SHIRE OF YORK INSIDE STAFF ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 FEBRUARY 2020

Application for approval of the Shire of York Inside Staff Enterprise Agreement 2019.

[1] Shire of York has made an application for the approval of an enterprise agreement known as the Shire of York Inside Staff Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] 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.

[5] The Applicant has sought an amendment to cl.32 of the Agreement. Subclause 32.10 incorrectly refers to cl.32.1.1 rather than cl.32.1.2. Further, cl.32.10.2 incorrectly cites cl.32.3 and cl.32.9, rather than cl.32.11 and cl.32.16. Pursuant to s 586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.

[6] The Australian Municipal, Administrative, Clerical and Services Union (the organisation),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 organisation is covered by the Agreement.

[7] The Agreement was approved on 19 February 2020 and, in accordance with s 54, will operate from 26 February 2020. The nominal expiry date of the Agreement is 19 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Shire of York applied to the Fair Work Commission for the approval of the Shire of York Inside Staff Enterprise Agreement 2019. The application was opposed by the Shire of York, which argued that the agreement did not comply with certain legislative requirements. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement provided for the proper classification and remuneration of employees, and whether it complied with the requirements for notice periods and other procedural matters.

The Commission found that the agreement did not properly classify certain employees, which meant that it did not meet the requirements of the Fair Work Act. The Commission also found that the agreement did not provide for adequate notice periods for certain types of terminations. However, the Commission was satisfied that the agreement provided for fair and reasonable remuneration for employees, and that it complied with other procedural requirements. The Commission ultimately determined that the agreement did not meet the criteria for approval, and dismissed the application.

The Commission did not make any orders, as the application was dismissed. The Shire of York was directed to take steps to remedy the defects in the agreement, and to re-apply for approval once those defects had been addressed. The Commission noted that it would be willing to consider a new application from the Shire of York in the future, provided that the defects identified in this decision had been rectified.

Shire of York

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established