Circular Head Council

[2013] FWCA 1237

FAIR WORK COMMISSION

DECISION

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

Circular Head Council
(AG2012/13156)

CIRCULAR HEAD COUNCIL ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER ROE	MELBOURNE, 22 FEBRUARY 2013

Application for approval of the Circular Head Council Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Circular Head Council Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 4 February 2013. On 20 February 2013 I received further information and a signed undertaking in response to the queries from Greg Winton, General Manager. This undertaking now forms part of the Agreement and is 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.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the Agreement to cover it. 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 1 March 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Circular Head Council brought an application for the approval of the Circular Head Council Enterprise Agreement 2013. The Council sought to have the agreement registered as a certified agreement under the Fair Work Act 2009. The application was opposed by the Tasmanian Teachers’ Union, who raised concerns about the fairness and appropriateness of various clauses within the agreement.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act, specifically whether the agreement provided for a fair and appropriate outcome for the employees, including fair rates of pay, conditions of employment, and adequate dispute resolution mechanisms. The Commission had to consider the balance between the employer's rights to manage their business and the employees' rights to fair and just terms of employment.

The Commission found that while the Circular Head Council Enterprise Agreement 2013 contained some provisions that were not entirely fair or appropriate, it did not prevent the overall agreement from meeting the statutory requirements for approval. The Commission was satisfied that the agreement provided for fair rates of pay and conditions of employment, and that the dispute resolution mechanisms were adequate. Therefore, the application for approval was ultimately successful, and the agreement was registered as a certified agreement.

The Fair Work Commission approved the Circular Head Council Enterprise Agreement 2013 as a certified agreement under the Fair Work Act 2009. The Commission directed that the agreement be registered and published in accordance with the relevant provisions of the Act. The registration of the agreement was effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established