Dorset Council

[2013] FWCA 8444

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dorset Council
(AG2013/9214)

DORSET COUNCIL ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 28 OCTOBER 2013

Application for approval of the Dorset Council Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Dorset Council Enterprise Agreement 2013 (the Agreement). The application was made by Dorset Council pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 4 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Dorset Council, an applicant for the approval of their Enterprise Agreement 2013. The dispute centred around the provisions of the agreement, specifically those relating to shift penalties and shift loadings for employees. The Commission was tasked with determining whether these provisions met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the provisions of the Dorset Council Enterprise Agreement 2013 relating to shift penalties and shift loadings were fair and reasonable. The Commission considered the fairness and reasonableness of the provisions by examining the nature of the shifts, the penalties and loadings applied, and the context in which the agreement was made. The Commission also had to determine if the agreement met the "better off overall test" under the Fair Work Act.

In its decision, the Commission found that the shift penalties and shift loadings in the Dorset Council Enterprise Agreement 2013 were fair and reasonable. The Commission considered the nature of the shifts, the penalties and loadings applied, and the context in which the agreement was made. It found that the agreement provided employees with fair compensation for working shifts that were outside of normal working hours, and that the penalties and loadings were appropriate given the circumstances. The Commission also determined that the agreement met the "better off overall test" as employees were provided with fair and reasonable benefits under the agreement.

The Fair Work Commission approved the Dorset Council Enterprise Agreement 2013, subject to the terms and conditions set out in the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Dorset Council as from the effective date specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established