Victoria Daly Shire Council Summary

[2013] FWCA 4043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victoria Daly Shire Council
(AG2013/6920)

VICTORIA DALY SHIRE COUNCIL ENTERPRISE AGREEMENT, 2013 - 2015

Local government administration
COMMISSIONER DEEGAN	HOBART, 21 JUNE 2013

Application for approval of the Victoria Daly Shire Council Enterprise Agreement, 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Victoria Daly Shire Council Enterprise Agreement, 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Victoria Daly Shire Council. The Agreement is a single enterprise agreement.

[2] 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.

[3] United Voice and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2013. The nominal expiry date of the Agreement is 9 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the case of the Victoria Daly Shire Council involved an application for the approval of the Enterprise Agreement, 2013 - 2015. The council sought the court's approval of the agreement, which was intended to govern the terms and conditions of employment for the council's employees. The application was brought under the Fair Work Act 2009, which provides a framework for the resolution of workplace disputes and the regulation of workplace relations.

The primary legal issue before the court was whether the terms of the Enterprise Agreement met the requirements of the Fair Work Act. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other employment-related matters. The court also needed to consider whether the agreement had been negotiated in good faith and whether it was appropriate for the employees to be covered by the agreement.

The court found that the terms of the Enterprise Agreement were fair and reasonable and met the requirements of the Fair Work Act. The court noted that the agreement had been negotiated in good faith and that it provided for a range of employment-related matters, including minimum rates of pay, leave entitlements, and other conditions of employment. The court also found that the agreement was appropriate for the employees covered by it and that it would provide for their fair and reasonable terms and conditions of employment. As a result, the court approved the Enterprise Agreement, 2013 - 2015, and it will now govern the terms and conditions of employment for the council's employees.

Victoria Daly Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established