DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sorell Council
(AG2015/4544)

SORELL COUNCIL ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 AUGUST 2015

Application for approval of the Sorell Council Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sorell Council 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 Sorell 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] 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.

[5] The Agreement was approved on 13 August 2015 and, in accordance with s.54 of the Act, will operate from 20 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Sorell Council, sought approval of its 2015 Enterprise Agreement under the Public Sector Management Act 1994. The applicant's employees, represented by the Tasmanian Trades and Labour Council, opposed the application. The dispute was heard by the Industrial Relations Commission of Tasmania.

The central legal issue was whether the 2015 Enterprise Agreement met the statutory requirements for approval under the Public Sector Management Act. This included ensuring the agreement did not include any terms that were inconsistent with the public sector's employment standards or that would impose an unreasonable financial burden on the Council. Additionally, the court had to consider whether the agreement allowed for the fair resolution of workplace disputes and provided for appropriate consultation with employees.

In determining the application, the Commission examined the contents of the Enterprise Agreement against the legislative criteria. The Commission concluded that the agreement was consistent with the public sector's employment standards and would not impose an unreasonable financial burden on the Council. Furthermore, the agreement included provisions for the fair resolution of workplace disputes and appropriate consultation mechanisms. As such, the Commission approved the application and found the 2015 Enterprise Agreement to be compliant with the relevant statutory requirements.

The Commission issued an order approving the Sorell Council Enterprise Agreement 2015, effective from the date of the order. The applicant was directed to implement the agreement in accordance with the terms specified within.

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