DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meander Valley Council
(AG2016/1520)

MEANDER VALLEY COUNCIL ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JULY 2016

Application for approval of the Meander Valley Council Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Meander Valley Council Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Meander Valley 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, 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 14 July 2016 and, in accordance with s.54, will operate from 21 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Meander Valley Council, the applicant sought approval for the Meander Valley Council Enterprise Agreement 2016. The applicant argued that the agreement should be approved as it was necessary to ensure the efficient and effective functioning of the council and to maintain industrial harmony. The nature of the dispute centred around the provisions within the agreement, which were contested by the objectors who argued that certain clauses were inconsistent with the provisions of the Local Government Act 1993 (Tas).

The court was tasked with determining whether the provisions within the enterprise agreement were consistent with the statutory framework governing local government employees in Tasmania. This required the court to assess the compatibility of the agreement's terms with the overarching legal requirements, particularly those found within the Local Government Act 1993 (Tas). The court needed to ensure that the agreement did not contravene any statutory obligations and that it was fair and reasonable in all its aspects.

The court found that the majority of the provisions within the enterprise agreement were consistent with the statutory framework and did not contravene any provisions of the Local Government Act 1993 (Tas). The court held that the agreement was fair and reasonable, and approved the Meander Valley Council Enterprise Agreement 2016 in its entirety. The court's decision was based on a detailed analysis of the agreement's terms, as well as a consideration of the broader industrial and legal context in which the agreement was to operate. The court's approval of the agreement was contingent upon the council adhering to the terms and conditions as set out within the document.

Meander Valley Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established