Devonport City Council

[2024] FWC 1780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Devonport City Council

(AG2024/2259)

DEVONPORT CITY COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
DEPUTY PRESIDENT ROBERTS	SYDNEY, 8 JULY 2024

Application for approval of the Devonport City Council Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Devonport City Council Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Devonport City Council (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

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

I note that Clause 1.6 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the clause provides that the NES provision will apply to the extent of the inconsistency.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Devonport City Council, which applied to the Fair Work Commission for approval of their Enterprise Agreement for the year 2024. The application was heard by the Commission, which had to determine whether the agreement complied with the necessary legal requirements. The applicants argued that the proposed agreement met all statutory standards and was fair and reasonable for both the employees and the Council. The nature of the dispute centred on whether the agreement adequately represented the interests of the employees and aligned with the Fair Work Act 2009.

The primary legal issue before the Commission was to assess whether the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act. This involved examining if the agreement met the criteria for being deemed as a "genuine agreement" and whether it contained the necessary minimum terms and conditions as stipulated by the Act. The Commission also had to consider if the agreement provided for a fair and reasonable outcome for both parties, taking into account the principles of enterprise bargaining.

The Fair Work Commission concluded that the proposed Enterprise Agreement complied with the necessary legal requirements and was fair and reasonable for both the Devonport City Council and its employees. The Commission noted that the agreement contained all the minimum terms and conditions set out in the Fair Work Act and that it was the product of genuine bargaining. The Commission was satisfied that the agreement was in the best interests of both the Council and its employees, and thus approved the agreement. The Commission's decision was based on a detailed analysis of the bargaining process and the content of the proposed agreement, ensuring it adhered to the statutory standards and principles of fairness.

The final order of the Commission was to approve the Devonport City Council Enterprise Agreement 2024, effective from the date of the decision. This approval signified that the agreement was legally binding and could be implemented by the Council and its employees. The Commission's decision provided clarity and certainty for both parties, allowing them to move forward with the agreed terms and conditions for the upcoming year.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established