City of Maribyrnong T/A Maribyrnong City Council

Case •

[2023] FWCA 2425

•

4 AUGUST 2023
[2023] FWCA 2425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Maribyrnong T/A Maribyrnong City Council

(AG2023/2186)

MARIBYRNONG CITY COUNCIL ENTERPRISE AGREEMENT 2022-2025

Local government administration

COMMISSIONER YILMAZ

MELBOURNE, 4 AUGUST 2023

Application for approval of the Maribyrnong City Council Enterprise Agreement 2022-2025

  1. An application has been made for approval of an enterprise agreement known as the Maribyrnong City Council Enterprise Agreement 2022-2025 (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 Maribyrnong T/A Maribyrnong City Council. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. I observe that certain provisions of the Agreement around redundancy and compassionate leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australian Services Union, Australian Nursing and Midwifery Federation and Professionals Australia being bargaining representatives for the Agreement, have 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 these organisations.

  1. The Agreement is approved and in accordance with s.54, will operate from 11 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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