City of Darwin

[2022] FWCA 2576

[2022] FWCA 2576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Darwin

(AG2022/3063)

City of Darwin Enterprise Agreement 2022

Local government administration
COMMISSIONER PLATT	ADELAIDE, 1 AUGUST 2022

Application for approval of the City of Darwin Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the City of Darwin Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by City of Darwin (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 27 July 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form dated 27 July 2022. The undertaking deals with the following topics:

·   The definition of a shiftworker will be for the purposes of the National Employment Standards (NES) and is an employee who may be rostered to work ordinary shifts on any of the 7 days of the week, and who is regularly rostered to work on Sundays and public holidays.

·   When an employee provides the employer with less than the required amount of notice of termination, the employer may only make deductions from ordinary wages up to the equivalent of one weeks’ wages, if reasonable in the circumstances.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded did not object to the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Australian Municipal, Administrative, Clerical and Services Union (ASU) and the United Workers’ Union (UWU), 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) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 July 2025.

COMMISSIONER

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