DECISION

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

Sorell Council
(AG2019/2957)

SORELL COUNCIL ENTERPRISE AGREEMENT 2019

Local government administration
COMMISSIONER SPENCER	BRISBANE, 12 SEPTEMBER 2019

Application for approval of the Sorell Council Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sorell Council Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sorell Council (the Applicant). The Agreement is a single enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union (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) I note that the Agreement covers the organisation.

[3] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, the Sorell Council, sought approval of the Sorell Council Enterprise Agreement 2019. The application was made to the Industrial Court of Tasmania. The applicant argued that the enterprise agreement was appropriate for the council and its employees, and that the process for its approval was followed correctly. The legal issues in the case centred on whether the enterprise agreement was appropriate for the council and its employees, and whether the process for its approval was followed correctly.

The court examined the enterprise agreement to ensure that it complied with the necessary legislative requirements. The court also considered whether the agreement was in the best interests of the council and its employees, taking into account relevant factors such as the council's financial position and the needs of its employees. The court found that the enterprise agreement was appropriate for the council and its employees and that the process for its approval was followed correctly. The court noted that the agreement provided for a fair and reasonable outcome for both the council and its employees.

The court approved the Sorell Council Enterprise Agreement 2019. The court found that the agreement was appropriate for the council and its employees, and that the process for its approval was followed correctly. The court also noted that the agreement provided for a fair and reasonable outcome for both the council and its employees. The final orders of the court were that the Sorell Council Enterprise Agreement 2019 be and was approved.

Sorell Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established