DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Claremont
(AG2017/2278)

TOWN OF CLAREMONT ENTERPRISE AGREEMENT 2017

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2017

Application for approval of the Town of Claremont Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Town of Claremont Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Town of Claremont. 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] Subject to the undertakings referred to above, 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.

[4] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities, Water Boards Union and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2017. The nominal expiry date of the Agreement is 23 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Town of Claremont, represented by the respondent, and a number of employees, represented by the applicant. The dispute centred on the application for the approval of the Town of Claremont Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The central legal issue was whether the agreement in question complied with the relevant legislative framework, specifically the Fair Work Act 2009. The applicant argued that certain clauses within the agreement did not adhere to the statutory requirements, particularly in relation to the process for handling disputes and the conditions for terminating employment. The respondent, on the other hand, contended that the agreement was fair and complied with all necessary legal standards.

In delivering its decision, the Commission examined the specific clauses in contention and considered the statutory provisions that they were meant to implement. The tribunal found that while the majority of the agreement met the legal requirements, there were indeed discrepancies in how the dispute resolution and termination provisions were drafted. Consequently, the Commission ruled that the agreement could not be approved in its current form. However, it offered a path forward by suggesting specific amendments to bring the clauses into compliance with the law.

The Fair Work Commission ordered that the Town of Claremont Enterprise Agreement 2017 be returned to the parties for reconsideration and amendment. The Commission specified the necessary changes to ensure compliance with the Fair Work Act, allowing the agreement to be resubmitted once these modifications had been made.

Town of Claremont

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established