Burnie City Council Summary

[2014] FWCA 6565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burnie City Council
(AG2014/6662)

BURNIE CITY COUNCIL ENTERPRISE AGREEMENT NO.8

Tasmania
COMMISSIONER LEE	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Burnie City Council Enterprise Agreement No. 8.

[1] An application has been made for approval of a single-enterprise agreement known as the Burnie City Council Enterprise Agreement No. 8 (the Agreement). The application was made by Burnie City Council pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The consultation provision at clause 2.3 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the model consultation term applying and the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 25 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Burnie City Council, sought approval for Enterprise Agreement No. 8. The respondent, Public Transport Union of Australia, contested the application. The dispute centred on whether the terms of the proposed agreement complied with the relevant legislative framework and if it was in the best interests of the employees. The matter was heard in the Fair Work Commission.

The legal issues before the Commission involved determining whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided a safety net for employees. The Commission needed to assess if the agreement contained all the terms and conditions as required by law and if it offered fair terms and conditions of employment. Additionally, the Commission had to consider if the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement met all legislative requirements and provided a safety net for employees. It noted that the agreement contained all necessary terms and conditions as mandated by the Fair Work Act 2009 and offered fair terms and conditions of employment. The Commission also determined that the agreement was likely to promote harmonious, productive, and cooperative workplace relations. Consequently, the application was approved.

The Fair Work Commission approved the Burnie City Council Enterprise Agreement No. 8, finding it met all legislative requirements and provided a safety net for employees. The agreement was deemed to contain all necessary terms and conditions and to offer fair terms and conditions of employment. Furthermore, it was considered likely to promote harmonious, productive, and cooperative workplace relations.

Burnie City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established