Banyule City Council

[2020] FWCA 5979

[2020] FWCA 5979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Banyule City Council
(AG2020/3239)

BANYULE CITY COUNCIL ENTERPRISE AGREEMENT NO. 7 2017

Local government administration
COMMISSIONER JOHNS	SYDNEY, 9 NOVEMBER 2020

Application for variation of the Banyule City Council Enterprise Agreement No. 7 2017.

[1] An application has been made for approval of a variation to the Banyule City Council Enterprise Agreement No. 7 2017 (the Agreement). The application was made by Banyule City Council pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 14 June 2018. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Banyule City Council Enterprise Agreement No. 7 2017 with the following:

Banyule City Council Enterprise Agreement No. 2017 - 2021

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 9 November 2020.

COMMISSIONER

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