DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Wimmera Shire Council
(AG2015/7746)

WEST WIMMERA SHIRE COUNCIL ENTERPRISE AGREEMENT NO.8 - 2015

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 14 JANUARY 2016

Application for approval of the West Wimmera Shire Council Enterprise Agreement No. 8 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the West Wimmera Shire Council Enterprise Agreement No.8- 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Wimmera Shire Council. 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, The Association of Professional Engineers, Scientists and Managers, Australia and Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 21 January 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the West Wimmera Shire Council for the approval of its Enterprise Agreement No. 8 - 2015. The application was made in the context of industrial relations, specifically under the Fair Work Act 2009. The Council sought to have the agreement certified as a "single-interest employer agreement," which would exempt it from the usual process of bargaining through the commission.

The primary legal issue before the commission was whether the terms of the proposed agreement met the statutory requirements for exemption from the bargaining process. This included assessing whether the agreement was a genuine single-interest employer agreement, as defined by section 230 of the Fair Work Act. The commission needed to determine if the agreement fairly and accurately reflected the interests of the employees and the employer, and whether it was made in good faith and without coercion.

The Fair Work Commission conducted a thorough review of the proposed agreement, examining its provisions in light of the statutory criteria. The commission considered the process by which the agreement was made, the content of the agreement itself, and the representation of the parties involved. After careful consideration, the commission found that the agreement did not meet the statutory requirements for exemption. The commission identified several issues, including procedural deficiencies and content that did not adequately reflect the interests of both parties. As a result, the application for approval was dismissed.

The commission's decision was final and not subject to appeal. The West Wimmera Shire Council was required to follow the standard bargaining process to achieve the objectives of the proposed agreement. The commission's ruling underscored the importance of adhering to the statutory framework and the necessity for genuine representation and good faith in the negotiation and drafting of enterprise agreements.

West Wimmera Shire Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established