DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Port Hedland
(AG2019/4380)

TOWN OF PORT HEDLAND ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER WILLIAMS	PERTH, 20 DECEMBER 2019

Application for approval of the Town of Port Hedland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Town of Port Hedland Enterprise Agreement 2019 (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 Port Hedland. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 1 July 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Town of Port Hedland applied to the Fair Work Commission for the approval of the Town of Port Hedland Enterprise Agreement 2019. The agreement was entered into between the Town of Port Hedland and the Australian Nursing and Midwifery Federation, representing the town's nursing staff. The applicants sought an order approving the agreement, which includes provisions regarding pay rates, entitlements, and other employment conditions for the nursing staff.

The primary legal issue before the Fair Work Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the provisions concerning minimum entitlements, procedural fairness, and the absence of prohibited content. The Commission also considered whether the agreement was in the public interest and if it provided a fair and efficient workplace for the employees and the employer.

The Fair Work Commission found that the agreement was consistent with the statutory requirements and met the necessary criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including appropriate pay rates and entitlements for the nursing staff. Additionally, the Commission was satisfied that the agreement did not contain any prohibited content and was in the public interest. Consequently, the Fair Work Commission approved the Town of Port Hedland Enterprise Agreement 2019, and an order was made accordingly.

Town of Port Hedland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established