City of Greater Geelong Council

Case

[2015] FWCA 675

30 JANUARY 2015

No judgment structure available for this case.

[2015] FWCA 675

The attached document replaces the document previously issued as there has been a clause added in paragraph [3].

Tiffany Lee

Relief Associate to Deputy President Smith

[2015] FWCA 675
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

City of Greater Geelong Council
(AG2015/40)

CITY OF GREATER GEELONG ENTERPRISE AGREEMENT (NO.8) 2014

Local government administration

DEPUTY PRESIDENT SMITH

MELBOURNE, 30 JANUARY 2015

City of Greater Geelong Enterprise Agreement (No.8) 2014.

[1] An application has been made for approval of an enterprise agreement known as the City of Greater Geelong Enterprise Agreement (No.8) 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by City of Greater Geelong (Applicant). The Agreement is a single-enterprise agreement.

[2] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and attached to the Agreement.

[3] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to the date it was actually made.

[4] 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.

[5] The Australian Nursing & Midwifery Federation (ANMF), Australian Municipal, Administrative, Clerical and Services Union (ASU), Association of Professional Engineers, Scientists and Managers Australia (APESMA), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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