Clarence City Council Summary

[2013] FWCA 7018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence City Council
(AG2013/2132)

ROSNY CHILD CARE CENTRE ENTERPRISE AGREEMENT #5/2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2013

Application for approval of the Rosny Child Care Centre Enterprise Agreement #5/2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Rosny Child Care Centre Enterprise Agreement #5/2013 (the Agreement). The application was made by Clarence City Council pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] 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.

[3] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 23 September 2013. The nominal expiry date of the Agreement is 31 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Clarence City Council applied for the approval of a new enterprise agreement for the Rosny Child Care Centre. The applicant argued that the proposed agreement was in the best interests of the employees and the business of the council. The matter was heard in the Fair Work Commission.

The central legal issue was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those concerning the process for approving an enterprise agreement. The Commission also had to consider whether the agreement was in the best interests of the employees and the employer.

The Commission found that the process for approving the agreement was valid and that the agreement met the statutory requirements. The Commission considered the terms of the agreement and the evidence provided by both parties. The Commission was satisfied that the agreement was fair and reasonable, and in the best interests of the employees and the employer. The application was approved, and the new enterprise agreement was registered.

The Fair Work Commission approved the application for the approval of the Rosny Child Care Centre Enterprise Agreement #5/2013. The new agreement was registered and came into effect as of the date of the Commission's decision.

Clarence City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established