DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derwent Valley Council
(AG2015/3762)

DERWENT VALLEY COUNCIL WORKPLACE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 AUGUST 2015

Application for approval of the Derwent Valley Council Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Derwent Valley Council Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Derwent Valley 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union and United Voice 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Derwent Valley Council seeking approval for the Derwent Valley Council Workplace Agreement 2014. The application was brought under the Fair Work Act 2009, which mandates that certain workplace agreements must be approved by the Fair Work Commission to ensure they meet the legislative requirements and do not undermine the rights of employees. The primary concern was whether the agreement complied with the necessary statutory provisions and did not have an adverse effect on the employees' conditions.

The legal issues central to this case revolved around the interpretation and application of the Fair Work Act 2009, specifically concerning the procedural validity of the workplace agreement and its compliance with the Act's requirements. The Commission had to determine if the agreement was appropriately negotiated, if it contained permissible terms, and if it adversely affected the employees' conditions of employment. Additionally, the Commission needed to ensure that the agreement did not undermine the rights and protections afforded to employees under the Fair Work Act.

The Fair Work Commission examined the negotiation process and found that the agreement was indeed the product of genuine bargaining between the Derwent Valley Council and the relevant employee representatives. The Commission also assessed the terms of the agreement against the legislative criteria set out in the Fair Work Act 2009, concluding that the agreement was compliant and did not contain any impermissible terms. Importantly, the Commission determined that the agreement did not have an adverse effect on the employees' conditions of employment, thus meeting the statutory requirements for approval.

Following this assessment, the Fair Work Commission approved the Derwent Valley Council Workplace Agreement 2014. The approval ensures that the agreement is legally binding and that both the council and the employees are governed by its terms, provided they adhere to the conditions set forth by the Fair Work Act 2009.

Derwent Valley Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established