Devonport City Council

[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

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Devonport City Council and its employees, specifically addressing the application for approval of the Devonport City Council Enterprise Agreement 2014. The employees, represented by the Tasmanian Council of Trade Unions, contested various aspects of the agreement, including the classification of employees, pay rates, and conditions of employment. The Fair Work Commission was tasked with assessing whether the proposed agreement met the necessary standards under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with the provisions of the Fair Work Act. This included scrutinising the classification of employees to ensure it was accurate and equitable, examining the proposed pay rates to ascertain they were fair and reasonable, and evaluating the overall conditions of employment to ensure they met the standards set by the Act. Additionally, the Commission had to determine whether the agreement was consistent with the public interest, particularly given the implications for local government services in the region.

The Fair Work Commission, after thorough consideration of the evidence and arguments presented, found that the proposed agreement met the necessary standards under the Fair Work Act. The Commission determined that the classification of employees was fair and reasonable, and that the proposed pay rates and conditions of employment were consistent with the principles of the Act. The Commission also concluded that the agreement was in the public interest, taking into account the impact on local government services and the broader community. Consequently, the Commission approved the Devonport City Council Enterprise Agreement 2014.

The final orders of the Fair Work Commission included the approval of the Devonport City Council Enterprise Agreement 2014, effective from the date of the decision. The Commission mandated that the agreement be implemented in accordance with its terms, ensuring that all employees were provided with the agreed-upon conditions of employment. The decision underscored the importance of fair and reasonable terms in enterprise agreements and the role of the Fair Work Commission in safeguarding the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established