DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burnie City Council
(AG2017/4145)

BURNIE CITY COUNCIL ENTERPRISE AGREEMENT NO. 9.

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2018

Application for approval of the Burnie City Council Enterprise Agreement No. 9.

[1] An application has been made for approval of an enterprise agreement known as the Burnie City Council Enterprise Agreement No. 9 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burnie City 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Burnie City Council to approve their ninth enterprise agreement. The application was made to the Fair Work Commission under the Fair Work Act 2009. The council sought approval of the agreement which outlined terms and conditions for their employees, including wages, hours of work, and other employment-related matters. The application was contested by a union representing some of the council's employees, who argued that the proposed agreement did not adequately address certain issues.

The central legal issue before the Commission was whether the proposed enterprise agreement was fair and appropriate for the employees of Burnie City Council. The Commission had to consider various factors, including the nature of the work, the economic circumstances of the council and the employees, and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also had to consider whether the agreement complied with any relevant award or registered agreement.

In determining whether the proposed agreement was fair and appropriate, the Commission considered the evidence presented by both parties. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the work, the economic circumstances of the council and the employees, and the need to maintain a productive and harmonious workplace. The Commission also found that the agreement complied with any relevant award or registered agreement. The Commission approved the proposed enterprise agreement, subject to certain modifications to address some of the union's concerns.

The Fair Work Commission approved the Burnie City Council Enterprise Agreement No. 9, subject to certain modifications. The modifications related to the union's concerns about the agreement's provisions on shift differentials, overtime, and the definition of "work". The Commission considered that the modifications were necessary to ensure that the agreement provided for fair and reasonable terms and conditions of employment. The modifications did not significantly alter the overall nature of the agreement, and the Commission was satisfied that the agreement was fair and appropriate for the employees of Burnie City Council.

Burnie City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established