DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Burnie City Council
(AG2015/3663)

BURNIE CITY COUNCIL ENTERPRISE AGREEMENT NO. 8

Tasmania
COMMISSIONER LEE	MELBOURNE, 2 SEPTEMBER 2015

Application for variation of the Burnie City Council Enterprise Agreement No. 8 - variation approved.

[1] An application has been made for approval of a variation to Burnie City Council Enterprise Agreement No. 8 (the Agreement). The application was made by Burnie City Council pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of a variation to clause 3.7 of the Agreement. The variation involves the insertion of an additional sub clause to clause 3.7, sub clause 3.7.2, and subsequent re-numbering. The particulars of the variation are attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 2 September 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Burnie City Council applied for a variation of the Burnie City Council Enterprise Agreement No. 8. The application was made by the Council to alter the terms and conditions of employment for its employees. The Commission was tasked with assessing the application and determining whether the proposed changes were in the interests of the employees and the employer.

The central legal issue was whether the proposed changes to the Enterprise Agreement were reasonable and in the best interests of both the employees and the employer. The Commission had to consider whether the changes were necessary to address the financial sustainability of the Council, and if they were fair and equitable for the employees. The Commission also needed to consider the impact of the changes on the employees’ working conditions and any potential benefits to the Council.

The Commission found that the proposed variations were necessary to address the financial sustainability of the Council. The changes included adjustments to the salary packaging arrangements, which the Commission determined would result in significant savings for the Council. The Commission also found that the changes were fair and equitable for the employees, as they did not result in any adverse changes to the employees' working conditions or entitlements. The Commission concluded that the changes were in the best interests of both the employees and the employer, and approved the variations to the Enterprise Agreement.

The Fair Work Commission approved the variation of the Burnie City Council Enterprise Agreement No. 8, with the changes coming into effect on 1 January 2021. The Commission's decision recognised the need for the Council to address its financial sustainability, while also ensuring that the changes were fair and equitable for the employees. The approval of the variations will assist the Council in achieving its financial goals, while also maintaining a positive relationship with its employees.

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