DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Devonport City Council
(AG2017/4943)

DEVONPORT CITY COUNCIL ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 MARCH 2018

Application for approval of the Devonport City Council Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Devonport City Council Enterprise Agreement 2017 (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 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] The Association of Professional Engineers, Scientists and Managers Australia (APESMA) and the Australian Municipal, Administrative, Clerical and Services Union, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves the Devonport City Council and its employees, with the matter being brought before the Fair Work Commission. The dispute centres on the approval of the Devonport City Council Enterprise Agreement 2017. The council sought approval of the agreement, which sets out the terms and conditions of employment for its staff, while the employees, represented by their union, contested certain aspects of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was a "good faith" bargaining outcome, whether it complied with the "better off overall test", and whether it included appropriate mechanisms for resolving disputes. The Commission had to examine if the agreement met the criteria for approval, particularly focusing on the fairness and reasonableness of the terms proposed. This involved assessing whether the agreement provided employees with a fair return relative to the value they provided to the council and whether it adequately protected employees' rights and interests.

The Commission found that the agreement was the product of good faith bargaining and met the better off overall test. It noted that the agreement provided employees with a fair return, considering the council's financial position and operational requirements. The Commission also acknowledged the dispute resolution mechanisms included in the agreement as being adequate for addressing any future issues. Consequently, the Commission approved the Devonport City Council Enterprise Agreement 2017, finding it to be fair and reasonable.

The Fair Work Commission approved the Devonport City Council Enterprise Agreement 2017, deeming it to be a fair and reasonable outcome of good faith bargaining. The decision underscores the importance of balancing the interests of both employers and employees while ensuring compliance with statutory requirements. This ruling provides clarity for future negotiations and sets a precedent for similar agreements within the public sector.

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