Alice Springs Town Council Summary

[2016] FWCA 540

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alice Springs Town Council

(AG2015/6813)

ALICE SPRINGS TOWN COUNCIL ENTERPRISE AGREEMENT 2015

Northern Territory

COMMISSIONER LEE

MELBOURNE, 28 JANUARY 2016

Application for approval of the Alice Springs Town Council Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Alice Springs Town Council Enterprise Agreement 2015 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alice

Springs Town Council. 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 Australian Municipal, Administrative, Clerical and Services Union and United

Voice 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.
[2016] FWCA 540

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

4 February 2016. The nominal expiry date of the Agreement is 3 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 540

ANNEXURE A

[2016] FWCA 540

CaseChat Overview and Summary

The Fair Work Commission approved the Alice Springs Town Council Enterprise Agreement 2015, an application made under section 185 of the Fair Work Act 2009. The applicant, Alice Springs Town Council, sought to have the agreement, which was a single enterprise agreement, approved by the Commission. The Australian Municipal, Administrative, Clerical and Services Union and United Voice, as bargaining representatives for the agreement, indicated their desire for the agreement to cover them, as required by section 183 of the Act.

The key legal issues for the Commission to decide were whether the applicant had met the requirements of sections 186, 187, 188, and 190 of the Act, and whether the written undertakings provided by the applicant would cause financial detriment to any employee or result in substantial changes to the agreement. The Commission was also required to consider whether the agreement would cover the bargaining representatives, as stipulated in section 201(2) of the Act.

The Commission determined that the applicant had satisfied the relevant requirements of sections 186, 187, 188, and 190 of the Act. Additionally, the Commission was satisfied that the written undertakings provided by the applicant would not cause financial detriment to any employee or result in substantial changes to the agreement. The Commission also noted that the agreement would cover the bargaining representatives, in accordance with section 201(2) of the Act. Consequently, the Commission approved the agreement, which will operate from 4 February 2016, with a nominal expiry date of 3 February 2019.

Alice Springs Town Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established