DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kingborough Council
(AG2017/6383)

KINGBOROUGH COUNCIL ENTERPRISE AGREEMENT NO.9 OF 2017

Tasmania
COMMISSIONER MCKINNON	MELBOURNE, 5 APRIL 2018

Application for approval of the Kingborough Council Enterprise Agreement No.9 of 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kingborough Council Enterprise Agreement No.9 of 2017 (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] 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 and the Association of Professional Engineers, Scientists and Managers, Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Kingborough Council Enterprise Agreement No. 9 of 2017, the application was brought before the Fair Work Commission by the Kingborough Council. The agreement in question sought to regulate the terms and conditions of employment for employees of the council, including matters such as wages, hours of work, leave provisions, and other employment-related terms. The application was made pursuant to the provisions of the Fair Work Act 2009, which mandates that certain enterprise agreements must receive approval from the Fair Work Commission before they can take effect.

The legal issues before the court centred on whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was made without the influence of prohibited conduct. Furthermore, the court needed to assess whether the agreement met the criteria for being a "single interest" enterprise agreement, which allows for a broader scope of bargaining and a more streamlined approval process.

The Fair Work Commission, in delivering its decision, examined the provisions of the proposed agreement in detail. The court found that the agreement was made in good faith and contained all the necessary minimum terms and conditions as required by the Fair Work Act 2009. It was determined that the agreement was not influenced by any prohibited conduct, and that it met the criteria for a single interest enterprise agreement. Consequently, the commission approved the Kingborough Council Enterprise Agreement No. 9 of 2017, allowing it to take effect and govern the terms and conditions of employment for the council’s employees.

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