Colac Otway Shire Council

[2019] FWCA 7612

[2019] FWCA 7612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Colac Otway Shire Council
(AG2019/3564)

COLAC OTWAY SHIRE ENTERPRISE AGREEMENT NO. 8 2019

Local government administration
DEPUTY PRESIDENT BULL	SYDNEY, 6 NOVEMBER 2019

Application for approval of the Colac Otway Shire Enterprise Agreement No. 8 2019.

[1] An application has been filed by Colac Otway Shire Council(the employer) for the approval of an enterprise agreement known as the Colac Otway Shire Enterprise Agreement No. 8 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided undertakings regarding:

•  The National Employment Standards to be read in conjunction with the Agreement;

•  Overtime penalties for Junior Apprentices and Trainees;

•  Pay rates for shift workers;

•  Weekend Penalties; and

•  Public Holiday penalties for Year 1 Junior Apprentices and Trainees.

[3] A copy of the undertakings is attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU), the Australian Nursing and Midwifery Federation (ANMF), and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), being bargaining representatives for the Agreement, have each 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 ASU, ANMF and APESMA. The views of the bargaining representatives for the Agreement were sought regarding the undertakings provided by the employer in accordance with s.190(4) of the Act.

[6] The Agreement’s consultation term was not in accordance with s.205(1A) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model consultation term is attached at the end of the Agreement.

[7] The Agreement’s individual flexibility term was not in accordance with s.203(4) of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model flexibility term is attached at the end of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

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