City of Greater Geraldton

[2021] FWCA 4751

[2021] FWCA 4751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Greater Geraldton
(AG2021/6194)

CITY OF GREATER GERALDTON ENTERPRISE AGREEMENT 2021 - 2023

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 4 AUGUST 2021

Application for approval of the City of Greater Geraldton Enterprise Agreement 2021 - 2023.

[1] The City of Greater Geraldton has applied for approval of a single enterprise agreement known as the City of Greater Geraldton Enterprise Agreement 2021 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission inquired about whether the pre-approval requirements were met, whether the Agreement contravenes s.55 of the Act and raised concerns about whether the Agreement passes the “better off overall” test. Further information and evidence was provided.

[3] Noting clause 1.7.2. of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information and evidence provided and the Undertakings, 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 4 August 2021 and, in accordance with s.54, will operate from 11 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Annexure A