Central Coast Council

[2021] FWCA 4890

[2021] FWCA 4890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Coast Council
(AG2021/6346)

CENTRAL COAST COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER LEE	MELBOURNE, 10 AUGUST 2021

Application for approval of the Central Coast Council Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Central Coast Council Enterprise Agreement 2021 (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.

[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. The undertakings are taken to be a term of 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] I note that Form F17 1 indicates that employees were notified of the details of the vote on 1 July 2021. I note that the vote commenced less than seven clear days later, on 8 July 2021. In Construction, Forestry, Maritime, Mining and Energy Union and Ors v CBI Constructors Pty Ltd,2  the Full Bench confirmed that an employer must take all reasonable steps to notify relevant employees of the time, place and method of the vote at least seven clear days before the commencement of the vote, pursuant to s.180(3) of the Act. Although it does not appear that employees were notified of the time, place and method of the vote seven clear days before the commencement of the vote, I refer to s.188(2) of the Act and am satisfied that this error constitutes a minor procedural error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error.3

[5] 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.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 29.1 and 29.2 – Termination.

However, noting clause 4.3 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2021. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

 1   Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)

 2   [2018] FWCFB 2732.

 3   Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.