Launceston City Council

[2014] FWCA 842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Launceston City Council
(AG2013/11676)

LAUNCESTON CITY COUNCIL ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2014

Application for approval of the Launceston City Council Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a single-enterprise agreement known as the Launceston City Council Enterprise Agreement 2013-2016 (the Agreement). The application was made by Launceston City Council (the Applicant) pursuant to section 185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved, and, in accordance with section 54 of the Act, will operate from 11 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Launceston City Council sought approval for the Enterprise Agreement 2013-2016 from the Fair Work Commission. The agreement involved the terms and conditions of employment for council employees. The matter was brought before the Fair Work Commission to ensure the agreement met the necessary legal standards for approval. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and complied with the Fair Work Act 2009. This involved assessing whether the agreement provided a fair and reasonable outcome for both employees and the council, and whether it adhered to the legislative requirements for enterprise agreements.

The primary legal issues revolved around whether the agreement met the criteria for approval under the Fair Work Act, specifically sections 231 and 232. The court had to consider if the agreement was fair and reasonable in all respects, whether it provided for the terms and conditions of employment in a manner that was consistent with the public interest, and if it included appropriate mechanisms for dispute resolution. Additionally, the court examined whether the agreement provided for appropriate protections for employees and did not discriminate against any particular group of employees.

In reaching its decision, the Fair Work Commission assessed the agreement against these criteria. The court found that the agreement was fair and reasonable, providing appropriate protections for employees while balancing the needs of the Launceston City Council. The agreement included provisions for dispute resolution and did not discriminate against any group of employees. The court concluded that the agreement met the necessary requirements for approval under the Fair Work Act. Therefore, the Fair Work Commission approved the Launceston City Council Enterprise Agreement 2013-2016, deeming it to be in the public interest and compliant with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established