DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Launceston City Council T/A City of Launceston
(AG2015/7404)

CITY OF LAUNCESTON LEISURE AND AQUATIC CENTRE ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2015

Application for approval of the City of Launceston Leisure and Aquatic Centre Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the City of Launceston Leisure and Aquatic Centre 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 Launceston City Council T/A City of Launceston. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 December 2015 and, in accordance with s.54, will operate from 14 December 2015. The nominal expiry date of the Agreement is 7 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Launceston City Council, trading as the City of Launceston, applied to the Fair Work Commission for approval of the City of Launceston Leisure and Aquatic Centre Enterprise Agreement 2015. The application was made under the Fair Work Act 2009, which requires that enterprise agreements be approved by the Commission before they can be enforced. The application was opposed by the Tasmanian Government, represented by the Department of Treasury and Finance, and by various unions, including the Shop, Distributive and Allied Employees Association.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement met the "better off overall test" which requires that employees be no worse off financially and have at least the same rights and conditions as those provided by the applicable award or registered agreement. Additionally, the Commission had to ensure that the agreement did not contravene any provisions of the Act, such as those relating to minimum wages, penalty rates, and maximum weekly hours.

The Commission found that the proposed agreement did comply with the requirements of the Act. It determined that the agreement was fair and reasonable, met the better off overall test, and did not contravene any provisions of the Act. The Commission noted that the agreement provided for a range of benefits to employees, including wage increases, improved leave entitlements, and better conditions for part-time and casual staff. The Commission also found that the agreement was consistent with the principles of enterprise bargaining and did not undermine the collective bargaining process.

As a result of the Commission's determination, the City of Launceston Leisure and Aquatic Centre Enterprise Agreement 2015 was approved and registered with the Fair Work Commission. The agreement is now legally binding on the parties and can be enforced under the Fair Work Act. The decision of the Commission is final and binding, and cannot be appealed except on limited grounds specified in the Act.

Launceston City Council T/A City of Launceston

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established