Latrobe City Council

[2019] FWCA 5314

[2019] FWCA 5314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Latrobe City Council
(AG2019/463)

LATROBE CITY COUNCIL ENTERPRISE AGREEMENT NO. 8 (2018)

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 7 AUGUST 2019

Application for approval of the Latrobe City Council Enterprise Agreement No. 8 (2018).

[1] Latrobe City Council has applied for approval of a single enterprise agreement known as the Latrobe City Council Enterprise Agreement No. 8 (2018) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised by and with the Commission in relation to whether: the pre-approval steps were met; the Agreement passes the “better off overall” test; and the Agreement contained an error that should be corrected.

[3] The Applicant and bargaining representatives at the conference on 19 June 2019 addressed these matters and the Applicant then sought to provide further information and undertakings to address the concerns. The bargaining representatives were afforded the opportunity to provide any further views.

Pre-approval steps

[4] The Notice of Employee Representational Rights (Notice) was given 5 days before the statutory notification time defined at s.173(2).

[5] Having considered the views of the Applicant and bargaining representatives, and the particular circumstances of this matter, I consider that the Notice was given within a reasonable period before the notification time in accordance with s.173(4). 1

Correction of an error

[6] The Applicant sought to correct an error at clause 4 of Appendix C, Part A of the Agreement. Having considered the views of the Applicant and bargaining representatives, including as to the form of the correction, I am satisfied that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

Undertakings

[7] Written undertakings were given to address concerns in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives did not raise any concerns about or oppose the Undertakings.

[8] I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Approval requirements met

[9] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, 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.

[10] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[11] The Agreement was approved on 7 August 2019 and, in accordance with s.54, will operate from 14 August 2019. The nominal expiry date of the Agreement is 20 August 2021.

DEPUTY PRESIDENT

Annexure A

 1   Tasmanian Water and Sewerage Corporation Pty Ltd t/a TasWater [2016] FWC 1144.

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