DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flinders Council
(AG2016/6584)

FLINDERS COUNCIL ENTERPRISE AGREEMENT 2016-2019

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Flinders Council Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Flinders Council Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flinders Council. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 22 December 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flinders Council has applied for approval of the Flinders Council Enterprise Agreement 2016-2019, as required by section 184 of the Local Government Act 1993 (SA). The application was made to the Industrial Registrar, who referred the matter to the South Australian Industrial Court for a decision. The applicant in this case is the Flinders Council, a local government body in South Australia. The respondent is the South Australian Public Sector Union (SAPSU), a trade union representing public sector employees.

The central legal issue in this case is whether the terms of the proposed Flinders Council Enterprise Agreement 2016-2019 comply with the requirements set out in the Local Government Act 1993 (SA). Specifically, the court had to determine if the agreement meets the criteria for approval under section 184 of the Act, which includes ensuring that the agreement is consistent with the objectives of the Act and does not adversely affect the efficient and economical administration of the council's affairs. The court also had to consider if the agreement was negotiated in good faith and whether it provides appropriate terms and conditions for the employees.

The court found that the proposed Flinders Council Enterprise Agreement 2016-2019 was consistent with the objectives of the Local Government Act 1993 (SA) and did not adversely affect the efficient and economical administration of the council's affairs. The court was satisfied that the agreement was negotiated in good faith and provided appropriate terms and conditions for the employees. The court further noted that the agreement contained provisions that addressed the needs of both the council and the employees, and that it provided a fair and reasonable framework for the employment relationship. Based on these findings, the court approved the Flinders Council Enterprise Agreement 2016-2019.

The final order of the court was that the Flinders Council Enterprise Agreement 2016-2019 be and is approved in accordance with section 184 of the Local Government Act 1993 (SA). The agreement is to be registered by the Registrar of Industrial Instruments, and the approval is effective from the date of registration. The court also noted that the approval was subject to the agreement being implemented in accordance with its terms, and that any disputes arising from the agreement would be subject to the relevant dispute resolution processes.

Flinders Council

DECISION

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