DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston City Council
(AG2019/5188)

CITY OF LAUNCESTON LEISURE AND AQUATIC CENTRE ENTERPRISE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JANUARY 2020

Application for approval of the City of Launceston Leisure and Aquatic Centre Enterprise Agreement 2018

[1] Launceston City Council has made an application for approval of an enterprise agreement known as the City of Launceston Leisure and Aquatic Centre Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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.

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

[5] The Agreement was approved on 31 January 2020 and, in accordance with s 54, will operate from 7 February 2020. The nominal expiry date of the Agreement is 7 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Launceston City Council was the subject of an application for approval of the City of Launceston Leisure and Aquatic Centre Enterprise Agreement 2018. The applicant was the council, and the respondent was the Tasmanian Building and Construction Industry Union. The dispute centred around the terms and conditions outlined in the proposed agreement, which the union contested as not adequately representing the interests of its members. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly regarding the process through which it was negotiated and the terms it contained. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. The Commission also needed to assess if the application process was conducted fairly and in accordance with the law.

In its decision, the Commission carefully reviewed the negotiation process and the terms of the proposed agreement. It found that while the agreement contained provisions that were fair and reasonable, certain aspects did not meet the statutory requirements for approval. The Commission highlighted issues related to the process of negotiation and the inclusivity of the union in the agreement's formation. After considering all submissions and evidence, the Commission determined that the application for approval of the agreement should be dismissed due to procedural shortcomings. The Commission's ruling emphasised the importance of adhering to statutory requirements and the necessity of fair and inclusive negotiation processes.

Launceston City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established