City of Vincent
[2022] FWCA 4055
•22 NOVEMBER 2022
| [2022] FWCA 4055 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
City of Vincent
(AG2022/4663)
City of Vincent Ranger Enterprise Agreement 2021
| Local government administration | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 22 NOVEMBER 2022 |
Application for approval of the City of Vincent Ranger Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the City of Vincent Ranger Enterprise 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 the City of Vincent. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
The NERR was not provided to employees within 14 days after the notification time for the Agreement as required by s.173(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
Subject to the undertakings referred to above, 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 Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has 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 the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318.
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