DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Latrobe Council
(AG2015/4949)

LATROBE COUNCIL ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 OCTOBER 2015

Application for approval of the Latrobe Council Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Latrobe 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 Latrobe 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 5 October 2015 and, in accordance with s.54, will operate from 12 October 2015. The nominal expiry date of the Agreement is 5 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Latrobe Council, sought approval of the Enterprise Agreement 2015, which was negotiated with the relevant union. The applicant argued that the agreement contained appropriate provisions for the operation of the council and the terms and conditions of employment for its employees. The dispute was heard in the Fair Work Commission. The primary issue before the commission was whether the proposed agreement was in the interests of the employees covered by the agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The commission had to consider whether the agreement provided fair and reasonable terms and conditions of employment, and whether it contained appropriate mechanisms for resolving disputes.

The commission noted that the agreement contained provisions for the operation of the council and the terms and conditions of employment for its employees. The commission considered that the agreement provided fair and reasonable terms and conditions of employment for the employees covered by the agreement. The commission also found that the agreement contained appropriate mechanisms for resolving disputes. The commission concluded that the agreement was in the interests of the employees covered by the agreement and that it complied with the relevant provisions of the Fair Work Act 2009.

Accordingly, the commission approved the agreement. The applicant's application for approval of the agreement was successful. The agreement was approved and will be binding on the parties from the date of the decision.

Latrobe Council

DECISION

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