DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glenorchy City Council
(AG2021/5046)

GLENORCHY CITY COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER LEE	MELBOURNE, 19 MAY 2021

Application for approval of the Glenorchy City Council Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Glenorchy City Council Enterprise Agreement 2021 (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 Employer 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. The undertakings are taken to be a term of 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 26 May 2021. The nominal expiry date of the Agreement is 18 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Glenorchy City Council, sought approval for the 2021 Enterprise Agreement from the Fair Work Commission. The application was brought before the Commission to determine whether the agreement met the criteria for approval under the Fair Work Act. The Commission was tasked with ensuring that the agreement provided fair and reasonable terms for the employees of the Glenorchy City Council and did not undermine the broader objectives of the Fair Work Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. Specifically, the Commission had to assess whether the agreement contained terms that were fair and reasonable, and whether it adhered to the procedural requirements for approval. The Commission also needed to consider whether the agreement would have an adverse effect on the broader industrial relations system.

The Commission found that the proposed enterprise agreement met the statutory requirements for approval. The agreement was deemed to be fair and reasonable, with terms that appropriately balanced the interests of both the employer and the employees. The Commission was satisfied that the agreement did not undermine the broader objectives of the Fair Work Act and that it would not have an adverse effect on the industrial relations system. Consequently, the Commission approved the Glenorchy City Council Enterprise Agreement 2021.

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