DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Devonport City Council
(AG2021/5440)

DEVONPORT CITY COUNCIL ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER WILSON	MELBOURNE, 5 JULY 2021

Application for approval of the Devonport City Council Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Devonport City Council Enterprise Agreement 2020 (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 Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2021. The nominal expiry date of the Agreement as per Clause 1.4 is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Devonport City Council recently came before the Fair Work Commission to seek approval for their Enterprise Agreement 2020. The agreement was entered into between the Council and the Public Sector and Health Division of the Australian Services Union. The nature of the dispute centred around the terms and conditions of employment for the Council's employees as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission primarily revolved around whether the proposed agreement provided adequate safeguards for employee rights and conditions, including pay rates, leave entitlements, and other benefits. The Commission also had to assess if the agreement complied with the requirements of the Fair Work Act, including provisions regarding minimum wage rates, penalty rates, and other essential conditions. Additionally, the Commission considered whether the agreement was in line with broader public policy objectives, such as promoting fair and efficient industrial relations.

In its decision, the Fair Work Commission examined the proposed agreement in detail, considering submissions from both the Council and the Union. The Commission noted that the agreement addressed key areas of concern, including pay rates, leave provisions, and procedural fairness. It found that the agreement provided reasonable safeguards for employee rights and was consistent with the objectives of the Fair Work Act. The Commission was satisfied that the agreement met the necessary standards for approval and did not contravene any relevant provisions of the Act or broader public policy objectives. Consequently, the Commission approved the Devonport City Council Enterprise Agreement 2020, ensuring its implementation from the specified date.

Devonport 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