Colac Otway Shire Council

Case

[2023] FWCA 111

12 JANUARY 2023


[2023] FWCA 111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Colac Otway Shire Council

(AG2022/5320)

COLAC OTWAY SHIRE ENTERPRISE AGREEMENT NO. 9, 2022

Local government administration

DEPUTY PRESIDENT MASSON

MELBOURNE, 12 JANUARY 2023

Application for approval of the Colac Otway Shire Enterprise Agreement No.9, 2022.

  1. An application has been made for approval of an enterprise agreement known as the Colac Otway Shire Enterprise Agreement No.9, 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Colac Otway Shire Council. The Agreement is a single enterprise agreement.

  1. 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.

  1. I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.1.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2023. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

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