Central Coast Council

[2014] FWCA 845

The attached document replaces the document previously issued with the above code on 4 February 2014.

The paragraph numbering has been fixed.

Christian Taylor

Relief Associate to COMMISSIONER LEE

Dated 4 February 2014

[2014] FWCA 845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Central Coast Council
(AG2013/11566)

CENTRAL COAST COUNCIL ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2014

Application for approval of the Central Coast Council Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Central Coast Council Enterprise Agreement 2013 (the Agreement). The application was made by Central Coast Council (the Applicant) pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] 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 this organisation.

[6] The Agreement is approved, and, in accordance with section 54 of the Act, will operate from 11 February 2014. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Central Coast Council was the subject of an application for approval of its 2013 Enterprise Agreement. The Fair Work Commission heard the matter, considering the implications of the agreement on the council's employees. The dispute arose from the council's request to approve the terms of the agreement, which had been negotiated between the council and the employees' representative.

The legal issues before the Commission included whether the terms of the Enterprise Agreement complied with the Fair Work Act 2009, particularly concerning minimum wage rates, penalty rates, and other employment conditions. The Commission also had to consider if the agreement met the criteria for approval, such as ensuring it did not undermine the safety and health of employees or the public, and whether it provided for the fair and efficient operation of the council.

In its decision, the Commission determined that the majority of the terms in the Enterprise Agreement were consistent with the statutory requirements and did not present any undue risks to the safety or health of employees or the public. The Commission approved the agreement, acknowledging the council's efforts to negotiate a fair and reasonable agreement with its employees. The Commission did, however, make minor adjustments to some of the terms to ensure compliance with the Fair Work Act 2009.

The Commission ordered the approval of the Central Coast Council Enterprise Agreement 2013, subject to the minor adjustments made. This decision ensured that the agreement would be implemented, providing a framework for the employment conditions of the council's staff while maintaining compliance with relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established