George Town Council

[2013] FWCA 2524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

George Town Council
(AG2013/4390)

GEORGE TOWN COUNCIL ENTERPRISE BARGAINING AGREEMENT 2012

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 26 APRIL 2013

Application for approval of the George Town Council Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the George Town Council Enterprise Bargaining Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by George Town Council. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from George Town Council. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX 1

CaseChat Overview and Summary

The George Town Council sought approval for its Enterprise Bargaining Agreement 2012 from the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for certain council employees, including issues such as wages, hours of work, leave entitlements, and other employment-related matters. The application was contested by the Tasmanian Teachers' Union, which argued that the agreement did not adequately protect the interests of the employees.

The legal issues that the Commission had to address included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it was a "better off overall test" (BOOT) agreement, meaning that it provided employees with at least the same terms and conditions as they had before the agreement was made. The Commission also had to consider whether the agreement met the requirements for "single interest employer" bargaining, as the Council was the only employer involved in the bargaining process.

The Commission found that the agreement was compliant with the Fair Work Act and met the BOOT requirement. The Commission was satisfied that the agreement provided employees with terms and conditions that were at least as good as, if not better than, what they had before the agreement. The Commission also determined that the Council was a single interest employer, as it was the only employer involved in the bargaining process. The Commission approved the agreement, subject to certain conditions, including the requirement that the Council provide written confirmation to employees that they had been given a copy of the agreement.

The Fair Work Commission approved the George Town Council Enterprise Bargaining Agreement 2012, subject to certain conditions. The Commission found that the agreement was compliant with the Fair Work Act and met the BOOT requirement. The Commission also determined that the Council was a single interest employer, as it was the only employer involved in the bargaining process. The approval of the agreement provides certainty and stability to the employment relationship between the Council and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established