City Of Perth T/A City Of Perth

Case

[2022] FWCA 4465

19 DECEMBER 2022


[2022] FWCA 4465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City Of Perth T/A City Of Perth

(AG2022/4646)

City of Perth Outside Workforce Enterprise Bargaining Agreement 2021

Local government administration

COMMISSIONER SIMPSON

BRISBANE, 19 DECEMBER 2022

Application for approval of the City of Perth Outside Workforce Enterprise Bargaining Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the City of Perth Outside Workforce Enterprise Bargaining Agreement 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 Perth T/A City of Perth (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting clause 2.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Australian Municipal, Administrative, Clerical and Services Union (ASU), the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union (WAMEU) all lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 ASU, CFMMEU and WAMEU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.


COMMISSIONER

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