Hobart City Council T/A City of Hobart Summary

[2025] FWCA 724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hobart City Council T/A City of Hobart

(AG2024/5222)

HOBART CITY COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
DEPUTY PRESIDENT CROSS	SYDNEY, 26 FEBRUARY 2025

Application for approval of the Hobart City Council Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hobart City Council Enterprise Agreement 2024 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I note that the Agreement contains an NES precedence clause at cl.6.2(b), and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hobart City Council sought approval for its Enterprise Agreement 2024, which was the subject of a dispute involving the council's employees. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal, which is responsible for resolving workplace disputes and approving enterprise agreements. The employees contested certain aspects of the agreement, which sought to modify their employment conditions, including wages, hours, and leave entitlements.

The legal issues before the commission involved whether the proposed changes were consistent with the Fair Work Act 2009 and whether they met the "better off overall test." This test requires that employees be no worse off and at least some employees be better off overall under the new agreement compared to their previous conditions. The council argued that the proposed changes were necessary for the efficient operation of the council and would not adversely affect the employees.

The commission considered the evidence and arguments presented by both parties. It found that the proposed changes did not contravene the Fair Work Act and were necessary for the council to meet its financial and operational objectives. The commission also concluded that, despite some employees facing reduced conditions, others would benefit from increased flexibility and other improvements, thereby satisfying the better off overall test. As a result, the commission approved the Enterprise Agreement 2024, subject to certain conditions.

The commission ordered that the agreement be registered and enforceable as a certified agreement under the Fair Work Act, with a commencement date of 1 July 2024. The council and its employees were directed to comply with the terms of the agreement, and the commission reserved the right to review and make further orders if necessary.

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