Central Goldfields Shire Council
[2022] FWCA 61
•12 JANUARY 2022
| [2022] FWCA 61 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Central Goldfields Shire Council
(AG2021/8942)
Application for approval of the Central Goldfields Shire Council Enterprise Agreement No 8, 2020
| Local government administration | |
| COMMISSIONER O’NEILL | MELBOURNE, 12 JANUARY 2022 |
Application for approval of the Central Goldfields Shire Council Enterprise Agreement No 8, 2020
An application has been made for approval of an enterprise agreement known as the Central Goldfields Shire Council Enterprise Agreement No 8, 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Goldfields Shire Council. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application.
The employees were requested to vote on and approve the Agreement less than 21 days after the last notice of employee representational rights was given. Pursuant to s.188(2), in all the circumstances I am satisfied that the agreement has been genuinely agreed to by the employees.
The Australian Nursing and Midwifery Federation, Professionals Australia and the Australian Municipal, Administrative, Clerical and Services Union, 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) I note that the Agreement covers each organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 12.2 – Parental Leave
· Clause 12.8 - Sick/Carer’s Leave.
However, noting clause 4 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
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