Huon Valley Council

[2013] FWCA 7586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Huon Valley Council
(AG2013/7740)

HUON VALLEY COUNCIL ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 SEPTEMBER 2013

Application for approval of the Huon Valley Council Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Huon Valley Council Enterprise Agreement 2013 (the Agreement). The application was made by Huon Valley Council pursuant to section 185 of the Fair Work Act 2009 (the Act).

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 4 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Huon Valley Council, represented by its president, applied for approval of the Huon Valley Council Enterprise Agreement 2013. The applicant sought approval of the agreement from the Fair Work Commission. The applicant argued that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court examined the agreement to ensure it provided for minimum entitlements, did not unfairly discriminate, and did not adversely affect employees' ability to take industrial action. The court also considered whether the agreement met the "better off overall test", which requires that employees be no worse off and at least some employees be better off under the agreement compared to the applicable award or safety net.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement provided for minimum entitlements, did not unfairly discriminate, and did not adversely affect employees' ability to take industrial action. The court found that the agreement met the "better off overall test" as it provided for a pay rise, improved leave entitlements, and better redundancy provisions. The agreement also included provisions for employee development and training.

The Fair Work Commission approved the Huon Valley Council Enterprise Agreement 2013. The agreement is now legally binding on the parties and will apply to all employees of the Huon Valley Council.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established