DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Highlands Council
(AG2014/9978)

CENTRAL HIGHLANDS COUNCIL ENTERPRISE AGREEMENT 2014

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 13 JANUARY 2015

Application for approval of the Central Highlands Council Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Central Highlands Council Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Central Highlands Council. The Agreement is a single-enterprise agreement.

[2] I note that the application was lodged out of time. A satisfactory explanation has been provided for the delay. The time for filing the application is extended until 21 November 2014.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Central Highlands Council for approval of the Central Highlands Council Enterprise Agreement 2014. The application was lodged outside the stipulated time frame, but a satisfactory explanation for the delay was provided. The application was made pursuant to section 185 of the Fair Work Act 2009. The agreement in question was a single-enterprise agreement that was to cover the Australian Municipal, Administrative, Clerical and Services Union, which had provided notice under section 183 of the Act that it wanted the agreement to cover it.

The legal issues before the Commission related to whether the application for approval was lodged within the required time frame, and whether all the requirements of sections 186, 187 and 188 of the Act had been met. The Commission noted that while the application was lodged out of time, a satisfactory explanation had been provided for the delay. Furthermore, the Commission found that all the relevant requirements of the Act had been met.

The Commission approved the application and determined that the agreement would operate from 20 January 2015, with a nominal expiry date of 30 June 2017. The Commission was satisfied that the agreement met all the necessary requirements under the Act, and that the application was lodged in good faith despite the delay. The agreement was approved, and the application for approval was granted.

In summary, the Fair Work Commission approved the application for approval of the Central Highlands Council Enterprise Agreement 2014. The Commission found that the application was lodged in good faith despite being outside the required time frame, and that all the necessary requirements of the Act had been met. The agreement was approved and will operate from 20 January 2015 until 30 June 2017.

Central Highlands Council

DECISION

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Legal Principle Established