City of Cockburn

[2019] FWCA 8296

[2019] FWCA 8296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Cockburn
(AG2019/3939)

CITY OF COCKBURN ENTERPRISE AGREEMENT 2019-2022

Local government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 DECEMBER 2019

Application for approval of the City of Cockburn Enterprise Agreement 2019-2022.

[1] City of Cockburn (the Employer) has made an application for approval of an enterprise agreement known as the City of Cockburn Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[4] I observe that clause 23.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 6 December 2019 and, in accordance with s 54, will operate from 13 December 2019. The nominal expiry date of the Agreement is 11 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A