City of Stirling

[2022] FWCA 373

[2022] FWCA 373

The attached document replaces the document previously issued with the above code on 7 February 2022.

Applicant’s name and title of Agreement have now been updated.

Associate to Commissioner Matheson

Dated 8 February 2022

[2022] FWCA 373

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

City of Stirling

(AG2021/9164)

City of stIrling outside workforce agreement 2020

Local government administration
Commissioner Matheson	SYDNEY, 7 FEBRUARY 2022

Application for approval of the City of Stirling Outside Workforce Agreement 2020.

1. An application has been made for approval of an enterprise agreement known as the City of Stirling Outside Workforce Agreement 2020 (Agreement). The application was made by the City of Stirling (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 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, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative were sought and no objections to the Undertakings were raised. 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; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Construction, Forestry, Maritime, Mining and Energy Union and 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 14 February 2022. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A