City of Greater Geraldton

[2019] FWCA 3317

[2019] FWCA 3317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Greater Geraldton
(AG2018/6964)

CITY OF GREATER GERALDTON ENTERPRISE AGREEMENT 2018-2021

Local government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 15 MAY 2019

Application for approval of the City of Greater Geraldton Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the City of Greater Geraldton Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Greater Geraldton. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] On 3 May 2019, the Applicant filed a request to have an error at clause 6.13.13 ii of the Agreement corrected in accordance with s.586 of the Act. Specifically the Applicant requested that clause 6.13.13 ii be amended so that the reference to eight (8) weeks paid maternity leave be changed to read eighteen (18) weeks paid maternity leave. Having regard to clause 6.14—Maternity Leave of the Agreement which provides for 18 weeks paid maternity leave I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

<AE503424  PR708278>

Annexure A