DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Circular Head Council
(AG2018/6662)

CIRCULAR HEAD COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 APRIL 2019

Application for approval of the Circular Head Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Circular Head Council Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Circular Head Council. 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.

[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] 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.

[5] The Agreement was approved on 1 April 2019 and, in accordance with s.54, will operate from 8 April 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Circular Head Council applied for the approval of an enterprise agreement with its employees. The Fair Work Commission (FWC) was tasked with determining whether the proposed agreement complied with the necessary legal and procedural requirements. The dispute arose from objections lodged by the Tasmanian Councils Association (TCA), which questioned the agreement's adherence to the relevant laws and standards.

The legal issues before the FWC involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. The TCA raised concerns about the agreement's compliance with various provisions, including those related to the negotiation process, the coverage of employees, and the substantive terms and conditions. The FWC had to examine these objections and decide whether the agreement should be approved, rejected, or returned for further negotiation.

In its decision, the FWC found that the Circular Head Council had negotiated the agreement in good faith and that it met the necessary requirements for approval. The Commission considered the objections raised by the TCA and found them to be without merit. The FWC concluded that the agreement was fair and reasonable, taking into account the economic and social context, and did not unfairly discriminate against any class of employee. The FWC approved the enterprise agreement, stating that it complied with all relevant legal and procedural requirements.

The FWC's final order was that the Circular Head Council Enterprise Agreement 2019 be approved. The agreement was to be registered by the Commission and would have effect from the date of approval. The TCA's objections were dismissed, and the agreement was deemed to be in compliance with the Fair Work Act 2009.

Circular Head Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established