DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence City Council
(AG2016/7758)

CLARENCE CITY COUNCIL ENTERPRISE AGREEMENT #10/2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 MARCH 2017

Application for approval of the Clarence City Council Enterprise Agreement #10/2016.

[1] An application has been made for approval of an enterprise agreement known as the Clarence City Council Enterprise Agreement #10/2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clarence City 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] The Australian Municipal, Administrative, Clerical and Services Union and Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Clarence City Council, the applicant sought approval for Enterprise Agreement #10/2016. The agreement was to cover the terms and conditions of employment for the council’s employees and was subject to the Fair Work Act 2009. The dispute involved the application for approval of the enterprise agreement, focusing on whether the agreement met the necessary legal requirements under the Fair Work Act.

The primary legal issue before the court was whether the enterprise agreement was appropriately drafted and in compliance with the statutory requirements of the Fair Work Act. This included examining whether the agreement was made in good faith, covered the necessary minimum terms, and was free from prohibited content. The court also needed to consider whether the agreement had been appropriately negotiated and whether it contained any terms that were inconsistent with the provisions of the Act.

The court found that the enterprise agreement met the necessary requirements under the Fair Work Act. It was determined that the agreement was made in good faith, contained the minimum terms required by the Act, and was free from prohibited content. The court was satisfied that the agreement had been appropriately negotiated and did not contain any terms inconsistent with the provisions of the Act. Consequently, the court approved the enterprise agreement, confirming its validity and applicability.

The final orders of the court were that Enterprise Agreement #10/2016 be approved and registered under the Fair Work Act. The agreement was to come into effect on the date of the approval and would govern the employment conditions of the council’s employees as outlined in the agreement. The decision affirmed the legality and enforceability of the agreement, allowing the Clarence City Council to proceed with its implementation.

Clarence City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established