DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Coast Council
(AG2016/6719)

CENTRAL COAST COUNCIL ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the Central Coast Council Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Central Coast Council Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Coast 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Central Coast Council, the applicant sought approval for the Central Coast Council Enterprise Agreement 2016. The agreement was contested by the respondent, who raised concerns about several provisions within the agreement, including those relating to casual employment and the introduction of a probationary period for new employees. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the provisions in question were consistent with the applicable federal and state industrial laws and whether they could be approved in the public interest. The Commission needed to determine whether the provisions met the criteria for approval under the Fair Work Act 2009 and whether they were necessary and appropriate to achieve the agreement's objectives.

The Commission found that the contested provisions did not contravene any applicable laws and were necessary to achieve the objectives of the agreement. The Commission concluded that the provisions were appropriate and could be approved in the public interest. The Commission approved the contested provisions and the overall agreement, finding that they would not have an adverse effect on the public interest or the rights of employees.

The Fair Work Commission approved the Central Coast Council Enterprise Agreement 2016, including the contested provisions. The Commission determined that the provisions were consistent with the law and were necessary to achieve the agreement's objectives. The Commission found that the provisions were appropriate and could be approved in the public interest.

Central Coast Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established