DECISION

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

Waratah-Wynyard Council
(AG2017/6092)

WARATAH-WYNYARD COUNCIL ENTERPRISE AGREEMENT 2018

Local Government administration
COMMISSIONER CAMBRIDGE	SYDNEY, 24 APRIL 2018

Application for approval of the Waratah-Wynyard Council Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Waratah-Wynyard Council Enterprise Agreement 2018(the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by Waratah-Wynyard Council (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Hobart on 8 December 2017. On 18 April 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Daniel Summers made on behalf of the Employer and dated 8 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 7 December 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 24 April 2018. I note that the file has included a Statutory Declaration of Michelle Jackson made on behalf of the Australian Municipal, Administrative, Clerical and Services Union (ASU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 4.1 and a consultation term at clause 2.1.

[6] 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.

[7] The 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. As required by subsection 201 (2) of the Act I note that the Agreement covers the ASU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 1 May 2018. The nominal expiry date of the Agreement as specified in clause 1.8 of the Agreement, is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

The Waratah-Wynyard Council sought approval for the Waratah-Wynyard Council Enterprise Agreement 2018, with the matter being determined by the Fair Work Commission. The Council argued that the proposed agreement was suitable for approval under the Fair Work Act 2009. The application was contested by the Tasmanian Public Sector Union (TASPSU), which raised concerns about the agreement's provisions and their potential impact on employees.

The primary legal issue before the Commission was whether the agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees. The Commission needed to assess whether the agreement met the criteria for approval, including provisions for minimum rates of pay, penalty rates, and other conditions of employment. Additionally, the Commission considered whether the agreement provided fair and reasonable terms for the employees, balancing the interests of the Council and the union.

After examining the arguments presented by both parties, the Commission determined that the proposed agreement met the statutory criteria for approval. The Commission found that the agreement provided fair and reasonable terms for the employees, taking into account the needs of the Council and the interests of the employees. The agreement was considered to be in the best interests of the employees and was approved. The Commission also noted that the agreement included provisions for consultation and dispute resolution mechanisms, which were deemed to be adequate.

As a result, the Fair Work Commission approved the Waratah-Wynyard Council Enterprise Agreement 2018, effective from 1 July 2018. The decision was made in the interest of promoting cooperative and productive workplace relations, and the Commission emphasised the importance of fair and reasonable terms for employees in enterprise agreements.

Waratah-Wynyard Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established