Central Desert Regional Council
[2022] FWCA 2206
•1 JULY 2022
| [2022] FWCA 2206 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Central Desert Regional Council
(AG2022/1774)
CENTRAL DESERT REGIONAL COUNCIL ENTERPRISE AGREEMENT 2022-2025
| Local government administration | |
| COMMISSIONER P RYAN | SYDNEY, 1 JULY 2022 |
Application for approval of the Central Desert Regional Council Enterprise Agreement 2022 - 2025
Central Desert Regional Council (the Employer) has made an application for approval of an enterprise agreement known as the Central Desert Regional Council Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Notice of employee representational rights (NERR)
The NERR was issued on the Employer’s letterhead. The Employer provided submissions that the placement of the NERR on the Employer’s letterhead constituted a minor technical error.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constitutes a minor technical error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.
As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
Section 190 Undertakings
The Employer 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
Sections 186, 187, 188 and 190
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.
Section 183 Bargaining representative
The Australian Municipal, Administrative, Clerical and Services Union (ASU) and United Workers Union (UWU), each being a bargaining representative 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) of the Act, I note that the Agreement covers the ASU and the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2022. The nominal expiry date of the Agreement is 30 June 2025.
COMMISSIONER
[1] [2019] FWCFB 318.
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