DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania
(AG2021/4391)

CANCER COUNCIL TASMANIA ENTERPRISE AGREEMENT 2021 TO 2025.

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 APRIL 2021

Application for approval of the Cancer Council Tasmania Enterprise Agreement 2021 to 2025.

[1] An application has been made for approval of an enterprise agreement known as the Cancer Council Tasmania Enterprise Agreement 2021 to 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. The Applicant has provided a National Employment Standards precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2021. The nominal expiry date of the Agreement is 30 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania applied for approval of the Cancer Council Tasmania Enterprise Agreement 2021 to 2025. The Fair Work Commission was the body responsible for approving the agreement, which would cover the employees of the council. The application was made by the council, and the Australian Council of Trade Unions (ACTU) was the party opposing the application. The primary legal issue was whether the terms of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement contained the minimum entitlements specified in the Act, and whether the process by which the agreement was negotiated was procedurally fair.

The Commission considered the evidence presented regarding the negotiation process and the content of the proposed agreement. The council argued that the agreement was the result of genuine and good faith bargaining and that it provided fair and reasonable terms and conditions for its employees. The ACTU, on the other hand, contested the fairness of the agreement and questioned whether the council had genuinely bargained with its employees. After reviewing the submissions and the evidence, the Commission found that the agreement had been negotiated in good faith and that it contained the necessary minimum entitlements. The Commission was satisfied that the council had taken all reasonable steps to ensure that its employees were able to participate in the negotiation process.

Accordingly, the Commission approved the Cancer Council Tasmania Enterprise Agreement 2021 to 2025. The approval ensures that the agreement will be legally binding on the parties and will govern the employment conditions of the council’s employees for the specified period. The decision reflects the Commission’s role in facilitating fair and effective workplace agreements, while also recognising the need for flexibility in the negotiation process. The approval of the agreement is an important outcome for the council, as it provides certainty and stability for both the employer and its employees.

Cancer Council of Tasmania Inc. T/A Cancer Council of Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established