Baw Baw Shire Council

[2017] FWCA 2556

[2017] FWCA 2556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baw Baw Shire Council
(AG2017/1206)

BAW BAW SHIRE COUNCIL ENTERPRISE BARGAINING AGREEMENT 2017

Local government administration
COMMISSIONER ROE	MELBOURNE, 10 MAY 2017

Application for approval of the Baw Baw Shire Council Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Baw Baw Shire Council Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Baw Baw Shire 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, the Australian Nursing and Midwifery Federation, the Australian Education Union, and the Association of Professional Engineers, Scientists and Managers Australia, 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 these organisations.

[6] The Agreement was approved on 10 May 2017 and, in accordance with s.54, will operate from 17 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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Annexure A