West Tamar Council

[2024] FWCA 1298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

West Tamar Council

(AG2024/689)

WEST TAMAR COUNCIL ENTERPRISE AGREEMENT XII - 2023

Local government administration
COMMISSIONER LEE	MELBOURNE, 11 APRIL 2024

Application for approval of the West Tamar Council Enterprise Agreement XII - 2023

An application has been made for approval of an enterprise agreement known as the West Tamar Council Enterprise Agreement XII - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Tamar Council. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

West Tamar Council applied to the Fair Work Commission for approval of the West Tamar Council Enterprise Agreement XII - 2023. The application was made under section 232 of the Fair Work Act 2009. The dispute arose from disagreements between the Council and the Tasmanian Government Employees Union regarding terms and conditions of employment. The Fair Work Commission was required to determine whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms and conditions of employment.

The central issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions of employment. This involved examining the agreement's provisions, including wages, hours of work, leave entitlements, and other employment conditions. The Commission also had to consider whether the agreement complied with any relevant laws and regulations, and whether it provided for adequate protection for employees. The Commission needed to assess whether the agreement was in the best interests of the employees and the community, and whether it promoted harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment. The agreement provided for a range of protections for employees, including minimum wages, leave entitlements, and provisions for flexible working arrangements. The Commission noted that the agreement had been negotiated in good faith between the parties and that it provided for a fair and reasonable balance of rights and obligations between the employer and employees. The Commission was also satisfied that the agreement promoted harmonious, productive, and cooperative workplace relations. Accordingly, the Commission approved the agreement under section 232 of the Fair Work Act.

The Commission made an order approving the West Tamar Council Enterprise Agreement XII - 2023, effective from 1 July 2023. The order is binding on all parties to the agreement, including the West Tamar Council and the Tasmanian Government Employees Union. The agreement provides for a range of employment conditions, including wages, leave entitlements, and other terms and conditions of employment. The Commission's approval of the agreement ensures that employees are protected by fair and reasonable terms and conditions of employment, and that the agreement promotes harmonious, productive, and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established