DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenorchy City Council
(AG2016/5256)

GLENORCHY CITY COUNCIL ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Glenorchy City Council Enterprise Agreement 2016.

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

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 14 October 2016. The nominal expiry date of the Agreement is 6 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Glenorchy City Council was involved in a dispute concerning the application for approval of the Glenorchy City Council Enterprise Agreement 2016. The Council sought to have the agreement approved under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval, particularly in terms of the provisions regarding casual conversion. The Commission had to consider whether the agreement adequately balanced the rights and interests of both the employer and the employees, and if it complied with relevant provisions of the Act.

The Fair Work Commission examined the agreement to determine if it provided a fair and reasonable method for converting casual employees to permanent positions. It assessed whether the agreement included appropriate mechanisms for such conversions, including the right of casual employees to apply for permanent positions. The Commission also considered the impact of the agreement on the overall employment relationship, ensuring that it did not unfairly disadvantage either party. Furthermore, the Commission evaluated whether the agreement was consistent with the principles of procedural fairness and good faith bargaining, as mandated by the Fair Work Act.

After a thorough review, the Fair Work Commission concluded that the Glenorchy City Council Enterprise Agreement 2016 met the necessary criteria for approval. The Commission found that the agreement provided a fair and reasonable method for converting casual employees to permanent positions and ensured that casual employees had the right to apply for permanent roles. The Commission also determined that the agreement was consistent with the principles of procedural fairness and good faith bargaining. Therefore, the application for approval was successful, and the agreement was approved under the Fair Work Act 2009.

The Fair Work Commission ordered that the Glenorchy City Council Enterprise Agreement 2016 be approved and registered. This decision was effective from the date of the approval, ensuring that the agreement would govern the employment conditions of the parties involved. The approval of the agreement provided certainty and stability in the employment relationship between the Glenorchy City Council and its employees.

Glenorchy City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established