City of Port Phillip T/A Port Phillip City Council

[2020] FWCA 1035

[2020] FWCA 1035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Port Phillip T/A Port Phillip City Council
(AG2019/5054)

CITY OF PORT PHILLIP ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 FEBRUARY 2020

Application for approval of the City of Port Phillip Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the City of Port Phillip Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the City of Port Phillip T/A Port Phillip City Council (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5(a) 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:

•  Clause 15.1(e)(ii) of the Agreement, which excludes apprentices from the entitlement to payment of notice on termination of employment;

•  Clause 26.1(i) of the Agreement, which requires an employee, for the purposes of carer’s leave, to provide the name of the sick/ill person requiring care; and

•  Clause 26.1(n)(iii) of the Agreement, which requires certain employees to notify the Employer of the nature of any “personal and serious incapacitating illness or injury” that occurs during a period of absence on long service leave.

[5] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation, and The Association of Professional Engineers, Scientists and Managers, Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A