Hobart City Council T/A City of Hobart Summary

[2021] FWCA 6319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobart City Council T/A City of Hobart
(AG2021/7628)

HOBART CITY COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 OCTOBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Hobart 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 Hobart City Council T/A City of Hobart. 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] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Workers’ Union and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Hobart City Council, trading as City of Hobart, applied to the Fair Work Commission for approval of the Enterprise Agreement 2021. The agreement, which was made between the council and the Municipal and Entertainment Officers Association, aimed to regulate the terms and conditions of employment for certain council employees. The dispute centred around whether the proposed terms and conditions of employment were fair and reasonable in all respects. The case was heard by the Fair Work Commission, which has jurisdiction over matters relating to enterprise agreements.

The central legal issues before the commission were whether the proposed enterprise agreement complied with the Fair Work Act 2009, specifically sections 233 and 234. The commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the requirements of good faith bargaining. Additionally, the commission considered whether the agreement complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

The commission found that the proposed enterprise agreement was fair and reasonable in all respects. It took into account the nature of the work, the market conditions, and the need for flexibility in the council's operations. The commission was satisfied that the agreement was the product of good faith bargaining between the parties and that it complied with the relevant legislation. The commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment and met the requirements of the relevant legislation.

The Fair Work Commission approved the Enterprise Agreement 2021 between the Hobart City Council and the Municipal and Entertainment Officers Association. The commission found that the agreement provided for fair and reasonable terms and conditions of employment and met the requirements of the relevant legislation. The approval of the agreement ensures that the terms and conditions of employment for the affected employees are regulated by the agreement, providing certainty and stability for both the council and its employees.

Hobart City Council T/A City of Hobart

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established