City of Kwinana

[2022] FWCA 154

[2022] FWCA 154

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

City of Kwinana

(AG2021/8865)

city of kwinana enterprise agreement 2021

Local government administration
Commissioner Matheson	SYDNEY, 19 JANUARY 2022

Application for approval of the City of Kwinana Enterprise Agreement 2021.

1. An application has been made for approval of an enterprise agreement known as the City of Kwinana Enterprise Agreement 2021 (Agreement). The application was made by the City of Kwinana (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 2.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Applicant, who is the employer covered by the Agreement, provided written undertakings. The views of each person I know is a bargaining representative were sought in relation to those undertakings. On 11 January 2022, a hearing was held before the Commission and the Applicant provided revised undertakings following that hearing. The views of each person I know is a bargaining representative were sought in relation to revised undertakings and no objections were raised. A copy of the revised undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

1. 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 want the Agreement to cover them.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2022. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

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Annexure A