DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Tamar Council
(AG2016/1614)

WEST TAMAR COUNCIL ENTERPRISE AGREEMENT MARK X - 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 12 AUGUST 2016

Application for approval of the West Tamar Council Enterprise Agreement Mark X - 2016.

[1] An application has been made for approval of an enterprise agreement known as the West Tamar Council Enterprise Agreement Mark X - 2016 (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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the West Tamar Council and an application for approval of the West Tamar Council Enterprise Agreement Mark X - 2016. The applicant, the West Tamar Council, sought the court's approval for the proposed enterprise agreement. The legal issues at the centre of this case centred around the fairness and reasonableness of the proposed terms of the enterprise agreement, and whether they complied with relevant industrial legislation.

The court examined the enterprise agreement in light of the criteria set out in the Fair Work Act 2009, focusing on whether the proposed agreement was fair and reasonable, and whether it was appropriate for the circumstances of the employees and the employer. The court also considered whether the agreement provided for a fair and efficient workplace and whether it met the needs of the employees and the employer. The applicant had to demonstrate that the proposed agreement was not detrimental to the employees and that it was fair and reasonable in all its aspects.

The court found that the proposed enterprise agreement was fair and reasonable, and met the criteria set out in the legislation. The court was satisfied that the agreement provided for a fair and efficient workplace, and that it met the needs of both the employees and the employer. The applicant had provided sufficient evidence to demonstrate that the proposed agreement was not detrimental to the employees and that it was fair and reasonable in all its aspects. The court approved the application and granted the approval sought by the West Tamar Council.

West Tamar Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established