Central Highlands Council

[2021] FWCA 400

[2021] FWCA 400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Council
(AG2020/4059)

CENTRAL HIGHLANDS COUNCIL ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 JANUARY 2021

Application for approval of the Central Highlands Council Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Central Highlands Council Enterprise Agreement 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 Highlands Council. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Notice of Employee Representational Rights (NOERR) filed in the Commission does not appear to be in the form prescribed in Schedule 2.1 of the Fair Work Regulations2009 as required by section 174(1A) of the Fair Work Act 2009 (the Act). Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[5] The Agreement was approved on 28 January 2021 and, in accordance with s.54, will operate from 4 February 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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