DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waratah-Wynyard Council
(AG2015/3400)

THE WARATAH-WYNYARD COUNCIL ENTERPRISE AGREEMENT 2015 (AGREEMENT)

Tasmania
COMMISSIONER LEE	MELBOURNE, 31 JULY 2015

Application for approval of the Waratah-Wynyard Council Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Waratah-Wynyard 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 Waratah-Wynyard Council. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement was approved on 31 July 2015 and, in accordance with s.54, will operate from 7 August 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Waratah-Wynyard Council Enterprise Agreement 2015. The applicant, Waratah-Wynyard Council, sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The nature of the dispute centred on the terms and conditions of employment for the council’s employees, including wages, hours of work, leave provisions, and other employment-related matters. The council argued that the proposed agreement would improve efficiency and productivity while addressing the needs of both employees and the council.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider if the agreement met the requirements for a modern award, whether it provided for minimum rates of pay and conditions, and whether it allowed for appropriate flexibility and productivity measures. Additionally, the Commission needed to assess if the agreement contained provisions for dispute resolution and if it was negotiated in good faith.

In reaching its decision, the Commission found that the Waratah-Wynyard Council Enterprise Agreement 2015 did provide for fair and reasonable terms and conditions of employment. The Commission noted that the agreement contained provisions for minimum rates of pay, hours of work, and leave, and that it allowed for productivity measures that would benefit both the council and its employees. The Commission also determined that the agreement had been negotiated in good faith and included appropriate dispute resolution mechanisms. Consequently, the Commission approved the agreement as a registered agreement, ensuring that it would be binding on the parties and enforceable under the Fair Work Act.

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