DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobart City Council
(AG2014/9730)

HOBART CITY COUNCIL ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Hobart City Council Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hobart City Council Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hobart 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Australian Workers’ 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) and based on the statutory declaration provided by the organisation I note that the Agreement covers the organisation.

[6] The Agreement was approved on 18 December 2014 and, in accordance with s.54, will operate from 25 December 2014. The nominal expiry date of the Agreement is
30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Hobart City Council and its employees, who were members of the relevant unions. The dispute centred around the approval of the 2014 Enterprise Agreement. The Council sought to finalise and approve the agreement, while the unions argued that certain provisions were not fair or reasonable. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The central legal issues before the Commission were whether the proposed Enterprise Agreement complied with the Fair Work Act 2009 and whether it was fair and reasonable. This involved assessing the agreement's provisions regarding wages, conditions of employment, and dispute resolution mechanisms. The Commission needed to ensure that the agreement did not undermine the minimum rights of employees and provided for fair terms and conditions of employment.

The Commission examined the terms and conditions of the proposed agreement in detail. It considered the submissions from both the Council and the unions, as well as the broader context of the bargaining process. The Commission found that while some provisions were contentious, the overall agreement was fair and reasonable. It concluded that the agreement met the requirements of the Act and approved the Enterprise Agreement. This decision was made in the interests of maintaining a fair and efficient workplace environment.

The Fair Work Commission approved the Hobart City Council Enterprise Agreement 2014, subject to certain conditions. These conditions included ensuring that any changes to the agreement in the future would be subject to further review and approval by the Commission. The approval allowed the Council and its employees to proceed with the implementation of the agreement, providing a framework for fair and reasonable terms and conditions of employment.

Hobart City Council

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established