DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kentish Council
(AG2015/5438)

KENTISH COUNCIL ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 25 SEPTEMBER 2015

Application for approval of the Kentish Council Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kentish Council Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kentish 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, 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 2 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Kentish Council, applied to the Fair Work Commission for approval of its proposed enterprise agreement, the Kentish Council Enterprise Agreement 2015. The respondent, the Local Government and Education Union of Employees, opposed the application on several grounds, including that the agreement did not provide adequate provisions for the health and safety of employees. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for the fair and equitable treatment of employees and whether it contained appropriate provisions for the health and safety of employees. The Commission also considered whether the agreement was made in accordance with the relevant provisions of the Act.

The Commission found that the proposed agreement did not adequately address the health and safety of employees, as it did not include specific provisions for the implementation of a safe work environment and did not provide for the appointment of a health and safety representative. The Commission also found that the agreement did not adequately address the issue of flexible working arrangements for employees. However, the Commission found that the agreement did meet the other requirements of the Act and was therefore approved. The Commission made orders approving the proposed agreement, subject to certain modifications to address the identified deficiencies.

The final orders of the Commission included the approval of the Kentish Council Enterprise Agreement 2015, subject to modifications to address the deficiencies identified by the Commission. The modifications included the addition of provisions for the implementation of a safe work environment, the appointment of a health and safety representative, and the provision of flexible working arrangements for employees. The agreement was approved as a registered agreement, which means that it will be binding on all employees covered by the agreement and will have the force of law.

Kentish Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established