Launceston City Council T/A City of Launceston

[2022] FWCA 2890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Launceston City Council T/A City of Launceston

(AG2022/3182)

City of Launceston Enterprise Agreement 2021

Local government administration
COMMISSIONER HUNT	BRISBANE, 24 AUGUST 2022

Application for approval of the City of Launceston Enterprise Agreement 2021

The Launceston City Council T/A City of Launceston (the Employer) has applied for approval of an enterprise agreement known as the City of Launceston Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were provided.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical & Services Union, Vic/Tas Authorities & Services Branch (ASU) 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) of the Act I note that the Agreement covers the ASU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A - Undertakings

CaseChat Overview and Summary

The Launceston City Council T/A City of Launceston, applied to the Fair Work Commission for approval of the City of Launceston Enterprise Agreement 2021. The application was made in accordance with the Fair Work Act 2009. The legal issues the court was required to consider were whether the agreement was a genuine enterprise agreement, whether it complied with the statutory requirements of the Fair Work Act, and whether it met the better-off-overall test.

The court examined the process by which the agreement was negotiated and the extent to which it was genuinely agreed upon by both parties. The court also considered whether the agreement met the prescribed conditions under the Fair Work Act, such as the inclusion of essential terms and the provision of relevant information to employees. Additionally, the court assessed whether the agreement provided employees with a better outcome than the applicable award or safety net award.

The court concluded that the agreement was a genuine enterprise agreement that met the statutory requirements of the Fair Work Act. The court found that the negotiation process was conducted in good faith and that the agreement was supported by a majority of employees. The court also determined that the agreement complied with the prescribed conditions of the Fair Work Act, including the inclusion of essential terms and the provision of relevant information to employees. Finally, the court found that the agreement provided employees with a better outcome than the applicable award or safety net award, meeting the better-off-overall test.

Accordingly, the court approved the City of Launceston Enterprise Agreement 2021, and the agreement is now legally binding on both the Launceston City Council and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established