Devonport City Council

[2014] FWCA 4590

[2014] FWCA 4590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Devonport City Council
(AG2014/5841)

DEVONPORT CITY COUNCIL ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 9 JULY 2014

Application for approval of the Devonport City Council Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Devonport City Council Enterprise Agreement 2014 (the Agreement). The application was made by Devonport City Council pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The consultation provision at clause 2.1 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. 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.

[4] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the model consultation term applying and the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 16 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

<Price code J, AE409002  PR552926>