Central Coast Council

[2024] FWCA 3423

[2024] FWCA 3423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Coast Council

(AG2024/3252)

CENTRAL COAST COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 SEPTEMBER 2024

Application for approval of the Central Coast Council Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Central Coast Council Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Coast Council. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 December 2023 and the Agreement was made on 14 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023

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. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Local Government Industry Award 2020 and Children’s Services Award 2010 is taken to be a term of the Agreement

1. I note that several clauses are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2024. The nominal expiry date of the Agreement is 29 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A