DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingborough Council
(AG2019/3649)

KINGBOROUGH SPORTS CENTRE ENTERPRISE AGREEMENT NO.1 OF 2019

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 17 OCTOBER 2019

Application for approval of the Kingborough Sports Centre Enterprise Agreement No. 1 of 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kingborough Sports Centre Enterprise Agreement No. 1 of 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingborough Council. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.
[4] The Agreement is approved and, in accordance with s.54, will operate from 24 October 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case, the applicant, Kingborough Council, sought approval for the Kingborough Sports Centre Enterprise Agreement No. 1 of 2019. The respondent, the Tasmanian Public Sector Union, opposed the application on various grounds. The dispute was heard in the Fair Work Commission. The central legal issues revolved around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including whether it met the standards of the modern awards and whether it was negotiated in good faith.

The Commission carefully reviewed the application and the arguments presented by both parties. It considered whether the proposed agreement provided for terms and conditions that were not less favourable than those set out in the relevant modern award and whether the agreement had been negotiated in good faith. The Commission examined the evidence and submissions, including the negotiation process and the terms of the agreement. Ultimately, the Commission found that the application met the necessary criteria and approved the agreement.

In its decision, the Commission noted that the proposed agreement provided for terms and conditions that were not less favourable than the relevant modern award and that the negotiation process had been conducted in good faith. The Commission was satisfied that the agreement met the statutory requirements under the Fair Work Act. Therefore, the application for approval was granted. The Commission’s decision was final and binding, subject to any potential review or appeal processes available under the Fair Work Act.

Kingborough Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established