Baw Baw Shire Council

[2023] FWCA 1263

[2023] FWCA 1263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baw Baw Shire Council

(AG2023/986)

BAW BAW SHIRE COUNCIL ENTERPRISE AGREEMENT 2022 (NO. 10)

Local government administration
COMMISSIONER LEE	MELBOURNE, 3 MAY 2023

Application for approval of the Baw Baw Shire Council Enterprise Agreement 2022 (No. 10)

1. An application has been made for approval of an enterprise agreement known as the Baw Baw Shire Council Enterprise Agreement 2022 (No. 10) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baw Baw Shire Council. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. The Australian Education Union, the Australian Nursing and Midwifery Federation, the Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers Australia, all 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 13.4.3 – Abandonment of Employment

·   Clause 15.2.5 – Severance

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2023. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE519909  PR761590>

Annexure A