DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Town Council
(AG2019/5100)

GEORGE TOWN COUNCIL ENTERPRISE BARGAINING AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 FEBRUARY 2020

Application for approval of the George Town Council Enterprise Bargaining Agreement 2019.

[1] George Town Council has applied for approval of a single enterprise agreement known as the George Town Council Enterprise Bargaining Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the Agreement contains the mandatory terms and passes the better off overall test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct errors in the original application by filing an amended statutory declaration and an amended Agreement signature page. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The flexibility term prescribed by the Fair Work Regulations 2009 (Cth) (the Regulations) is taken to be a term of the Agreement, pursuant to s.202(4) of the Act.

[5] The consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[6] On the basis of the material contained in the application, amended statutory declaration, amended Agreement signature page and further information provided on request of the Commission, 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.

[7] The Australian Municipal, Administrative, Clerical and Services Union Vic/Tas Authorities & Services Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 24 February 2020 and, in accordance with s.54, will operate from 2 March 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The George Town Council applied to the Fair Work Commission for approval of its Enterprise Bargaining Agreement 2019. The application involved a dispute regarding the terms and conditions of employment for council employees, including wages, working hours, and other employment-related matters. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and if the agreement fairly represented the interests of the employees. The Council argued that the agreement was fair and reasonable, while the union representing the employees contended that certain provisions did not adequately protect employee interests. The Commission needed to examine the provisions of the agreement against statutory benchmarks and determine if the agreement met the criteria for approval under the Fair Work Act.

The Commission found that the agreement largely complied with the requirements of the Fair Work Act. It noted that the agreement provided for fair and reasonable terms and conditions, including provisions for minimum wages, penalties for overaward work, and provisions for dispute resolution. The Commission was satisfied that the agreement fairly represented the interests of the employees, despite some minor concerns raised by the union. The Commission approved the George Town Council Enterprise Bargaining Agreement 2019, finding it to be in the best interests of both the Council and its employees.

The Fair Work Commission approved the George Town Council Enterprise Bargaining Agreement 2019, effective from 1 July 2019. The decision affirmed the agreement's compliance with the Fair Work Act and recognised it as a fair and reasonable set of terms and conditions for the employees. The approval was subject to the ongoing obligations of the Council and the union to adhere to the terms of the agreement and to engage in good faith bargaining in the future.

George Town Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established