Circular Head Council Summary

[2023] FWCA 1441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Circular Head Council

(AG2023/1254)

CIRCULAR HEAD COUNCIL ENTERPRISE AGREEMENT 2023

Local government administration
DEPUTY PRESIDENT DOBSON	BRISBANE, 18 MAY 2023

Application for approval of the Circular Head Council Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Circular Head Council Enterprise Agreement 2023 (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.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical & Services Union – Victoria/Tasmania Authorities and Services Branch (ASU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Circular Head Council applied to the Fair Work Commission for approval of the Circular Head Council Enterprise Agreement 2023. The applicant sought approval of the agreement for the purposes of section 234 of the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions. The Commission was required to determine whether the agreement met the “better off overall test” (BOOT) as provided in section 230 of the Act. The BOOT requires that employees be no worse off and at least some employees must be better off financially overall under the agreement than they would be under the applicable award or safety net award.

The Commission determined that the proposed agreement met the BOOT. The Commission noted that the proposed agreement provided for a 2.5% annual wage increase over the term of the agreement. The Commission also noted that the proposed agreement contained a number of other benefits for employees, including provisions for increased leave entitlements and increased shift loadings. The Commission found that, overall, employees would be better off under the proposed agreement than they would be under the applicable award. The Commission approved the agreement and noted that it would be registered on the Register of Approved Agreements on 1 March 2023.

The Fair Work Commission approved the Circular Head Council Enterprise Agreement 2023. The Commission found that the proposed agreement met the better off overall test, and that employees would be better off under the agreement than they would be under the applicable award. The agreement will be registered on the Register of Approved Agreements on 1 March 2023.

Circular Head Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established