Australian Capital Territory
[2022] FWCA 76
•12 JANUARY 2022
| [2022] FWCA 76 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Capital Territory
(AG2021/9006)
ACT Legislative Assembly Members’ Staff Enterprise Agreement 2021-2022
| State and Territory government administration | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 12 JANUARY 2022 |
Application for approval of the ACT Legislative Assembly Members’ Staff Enterprise Agreement 2021-2022.
An application has been made for approval of an enterprise agreement known as the ACT Legislative Assembly Members’ Staff Enterprise Agreement 2021-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Capital Territory (Employer). The Agreement is a single enterprise agreement.
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 Agreement has a National Employment Standards (NES) precedence clause at clause A5.4 of the Agreement. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
CPSU, the Community and Public Sector Union, the Association of Professional Engineers, Scientists and Managers, Australia, the Media, Entertainment and Arts Alliance and the United 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) I note that the Agreement covers the organisations.
The Employer has also made an application pursuant to s.217 to vary the Agreement to remove ambiguity and uncertainty. The ambiguity or uncertainty arises from a number of drafting and typographical errors contained in the Agreement. I am satisfied that ambiguity exists and that in the circumstances it is appropriate to vary the Agreement in the terms sought. An amended version of the Agreement has been filed which incorporates the variation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2022. The nominal expiry date of the Agreement is 31 October 2022.
DEPUTY PRESIDENT
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