Central Desert Regional Council

[2019] FWCA 5611

[2019] FWCA 5611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Central Desert Regional Council
(AG2019/2015)

CENTRAL DESERT REGIONAL ENTERPRISE AGREEMENT 2019 - 2022 (AGREEMENT)

Local government administration
COMMISSIONER SIMPSON	BRISBANE, 27 AUGUST 2019

Application for approval of the Central Desert Regional Council Enterprise Agreement 2019 – 2022 (Agreement).

[1] An application has been made to the Fair Work Commission (Commission) for approval of an enterprise agreement known as the Central Desert Regional Council Enterprise Agreement 2019 – 2022 (Agreement) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Desert Regional Council.

[2] The Agreement is a single enterprise agreement.

[3] Ms Erina Early, Northern Territory Branch Secretary of United Voice NT Branch, filed a Form F18 statutory declaration with the Commission raising concerns about the TOIL arrangements in the agreement. United Voice also gave notice under s.183 of the Act that it wanted the Agreement to cover it.

[4] I listed the matter for a hearing on 8 August 2019. The Applicant was represented by Ms Irenee McCreevy and United Voice was represented by Ms Erina Early.

[5] The Applicant has provided written undertakings. These undertakings are attached below in Appendix 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.

[6] 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. The undertakings are taken to be a term of the agreement.

[7] In accordance with s.201(2) of the Act, I note that the Agreement covers United Voice NT Branch.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Appendix A