Boroondara City Council T/A City of Boroondara

[2018] FWCA 6761

[2018] FWCA 6761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boroondara City Council T/A City of Boroondara
(AG2018/2879)

BOROONDARA CITY COUNCIL CONSOLIDATED ENTERPRISE AGREEMENT 2018

Local government administration
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 NOVEMBER 2018

Application for approval of the Boroondara City Council Consolidated Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Boroondara City Council Consolidated Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boroondara City Council T/A City of Boroondara. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.202(4) of the Act, the model flexibility 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, Australian Nursing and Midwifery Federation 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 1 November 2018 and, in accordance with s.54, will operate from 8 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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Annexure A