Devonport City Council

[2025] FWCA 1066

The attached document replaces the document previously issued with the above code on 8 July 2024.

The attached document wholly replaces the document previously issued with code [2024] FWC 1780 to correct document referencing.

Gopi Iyer
Associate to Deputy President Roberts

Dated 27 March 2025

[2025] FWCA 1066

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 Devonport City Council sought approval for its Enterprise Agreement 2024, which was opposed by the Tasmanian Public Sector Union. The matter was heard by the Industrial Relations Commission of Tasmania. The primary issue before the Commission was whether the proposed Enterprise Agreement adequately balanced the interests of both the employer and the employees, and whether it complied with relevant industrial laws and regulations. Specifically, the court had to consider if the agreement was fair and reasonable, taking into account the principles of enterprise bargaining and the relevant statutory framework.

The Commission meticulously examined the provisions of the proposed agreement, assessing its alignment with the Fair Work Act 2009 and other relevant legislative instruments. The court focused on the procedural fairness of the bargaining process, the substantive fairness of the terms and conditions proposed, and the impact of the agreement on the employees' rights and obligations. The Commission also evaluated whether the agreement appropriately addressed the economic and operational needs of the Devonport City Council while ensuring the fair treatment of employees. Ultimately, the court found that the proposed agreement was fair and reasonable, taking into account all relevant considerations.

The Industrial Relations Commission of Tasmania approved the Devonport City Council Enterprise Agreement 2024, determining that it met the statutory requirements for fairness and reasonableness. The court found that the agreement was the product of a good-faith bargaining process and that its terms were fair and reasonable in all respects. The Commission highlighted the balanced approach taken by the parties in reaching the agreement, which addressed the needs of both the employer and the employees. The decision underscored the importance of ensuring that enterprise agreements are not only legally compliant but also practically beneficial for both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established