DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of York
(AG2016/6464)

SHIRE OF YORK INSIDE STAFF ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER ROE	SYDNEY, 27 OCTOBER 2016

Application for approval of the Shire of York Inside Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Shire of York Inside Staff Enterprise Agreement 2016 (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 York. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 27 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Shire of York applied to the Fair Work Commission for approval of the Shire of York Inside Staff Enterprise Agreement 2016. The applicant, a local government body, sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment for the Shire's inside staff, as outlined in the proposed agreement.

The legal issues before the Commission included whether the agreement contained all the permissible terms, was free from prohibited content, and was appropriately certified by the relevant independent employee representatives. Additionally, the Commission had to consider whether the agreement complied with the requirements set out in the Fair Work Act and whether it met the criteria for registration as a registered agreement. The Commission's analysis involved a detailed examination of the agreement's provisions and the certification process.

In determining whether to approve the agreement, the Commission considered the various provisions outlined in the Fair Work Act, including the requirements for permissible terms, prohibited content, and the certification process. The Commission found that the agreement was appropriately certified and did not contain any terms that were prohibited. Furthermore, the Commission was satisfied that the agreement complied with the statutory requirements and met the criteria for registration as a registered agreement. As a result, the Commission approved the Shire of York Inside Staff Enterprise Agreement 2016.

The Fair Work Commission's decision was to approve the agreement, with the registration taking effect from the date of the decision. This outcome meant that the agreement would now serve as the basis for the terms and conditions of employment for the Shire's inside staff, subject to the provisions of the Fair Work Act and any applicable industrial instruments. The decision provided clarity and certainty for both the Shire and its employees regarding the employment terms and conditions outlined in the agreement.

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