DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of York
(AG2015/2044)

SHIRE OF YORK OUTSIDE STAFF COLLECTIVE ENTERPRISE AGREEMENT 2014

Local government administration
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the Shire of York Outside Staff Collective Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Shire of York Outside Staff Collective Enterprise Agreement 2014 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Shire of York. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2015. The nominal expiry date of the Agreement is 27 July 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, the Shire of York sought approval of the Shire of York Outside Staff Collective Enterprise Agreement 2014. The Shire argued that the agreement was necessary to ensure the smooth running of its operations, particularly in light of potential industrial action by other employees. The relevant union, the Australian Services Union, did not oppose the application but sought clarification on certain aspects of the agreement.

The central legal issues before the Commission involved whether the proposed agreement met the requirements set out in the Fair Work Act 2009, including whether it was genuinely bargained, free from coercion, and dealt with matters that were genuinely work-related. The Commission also needed to consider whether the agreement provided for appropriate protections for employees, including minimum rates of pay and conditions.

In assessing the application, the Commission considered the evidence presented by both parties. It found that the agreement had been genuinely negotiated and was free from coercion. The Commission also determined that the provisions of the agreement dealt with genuinely work-related matters and provided appropriate protections for employees. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved it. The Commission made some minor amendments to the agreement to ensure that it complied with the relevant provisions of the Act. The Shire of York was directed to implement the approved agreement.

Shire of York

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established