City of Port Phillip T/A Port Phillip City Council

Case

[2023] FWCA 699

3 MARCH 2023


[2023] FWCA 699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City of Port Phillip T/A Port Phillip City Council

(AG2023/370)

City of Port Phillip Enterprise Agreement 2022

Local government administration

DEPUTY PRESIDENT BELL

MELBOURNE, 3 MARCH 2023

Application for approval of the City of Port Phillip Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the City of Port Phillip Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, City of Port Phillip T/A Port Phillip City Council. The Agreement is a single enterprise agreement.

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

  1. The Australian Nursing and Midwifery Federation (ANMF), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Municipal, Administrative, Clerical and Services Union (ASU), 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) I note that the Agreement covers the organisations.

  1. The Agreement was approved on 3 March 2023 and, in accordance with s.54 of the Act, will operate from 10 March 2023. The nominal expiry date of the Agreement is 30 June 2025.


DEPUTY PRESIDENT

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