Town of Port Hedland Summary

[2017] FWCA 4593

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Town of Port Hedland

(AG2017/3078)

Town of Port Hedland Enterprise Agreement 2017

Local government administration
Commissioner Wilson	MELBOURNE, 4 SEPTEMBER 2017

Application for approval of the Town of Port Hedland Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Town of Port Hedland 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 Port Hedland. The Agreement is a single enterprise agreement.
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.

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.

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.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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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 2017. The dispute involved the terms and conditions of employment for the town's employees, including wages, hours of work, leave entitlements, and other employment-related matters. The application was heard by the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements and employment law in Australia.

The legal issues before the Commission included whether the agreement complied with the relevant legislative framework, including the Fair Work Act 2009, and whether the agreement was fairly and genuinely negotiated between the parties. The Commission also considered whether the agreement provided for a fair and reasonable outcome for both the employees and the employer, and whether it was in the best interests of the town and its employees.

After considering the evidence and submissions from both parties, the Commission found that the agreement was fairly and genuinely negotiated and complied with the relevant legislative requirements. The Commission also found that the agreement provided for a fair and reasonable outcome for both the employees and the employer, and was in the best interests of the town and its employees. The Commission approved the agreement, which will now form the basis of the employment terms and conditions for the town's employees.

The Commission made orders approving the Town of Port Hedland Enterprise Agreement 2017, which will now be binding on the parties. The agreement sets out the terms and conditions of employment for the town's employees, including wages, hours of work, leave entitlements, and other employment-related matters. The approval of the agreement ensures that the town's employees will have a fair and reasonable employment agreement that is compliant with the relevant legislative framework.

Town of Port Hedland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established