Ballarat City Council

[2020] FWCA 1933

[2020] FWCA 1933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat City Council
(AG2020/388)

BALLARAT CITY COUNCIL ENTERPRISE AGREEMENT NO. 8, 2019

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 15 APRIL 2020

Application for approval of the Ballarat City Council Enterprise Agreement No. 8, 2019.

[1] Ballarat City Council has applied for approval of a single enterprise agreement known as the Ballarat City Council Enterprise Agreement No. 8, 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information and evidence was provided in relation to these concerns.

[3] The Applicant sought to correct typographical errors in the original application, by filing amended Agreement pages and an amended statutory declaration. The bargaining representatives supported or did not oppose these amendments. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives supported or did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the amended application, amended Agreement pages, further information provided on request of the Commission and the Undertakings, 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.

[6] The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Municipal, Administrative, Clerical and Services Union Vic/Tas Authorities & Services Branch and the Australian Nursing and Midwifery Federation (Victoria Branch) being, bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[7] The Agreement was approved on 15 April 2020 and, in accordance with s.54, will operate from 22 April 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

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Annexure A