Corangamite Shire Council

[2024] FWCA 3738

[2024] FWCA 3738

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corangamite Shire Council

(AG2024/3294)

CORANGAMITE SHIRE COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER ALLISON	MELBOURNE, 30 OCTOBER 2024

Application for approval of the Corangamite Shire Council Enterprise Agreement 2024

1. Corangamite Shire Council (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Corangamite Shire Council Enterprise Agreement 2024 (the Agreement).

1. 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) I note that the Agreement covers the ASU, the ANMF, and APESMA.

1. The following provisions of the Agreement may be inconsistent with the National Employment Standards (NES):

• The definition of “household member” in Annexure 6 may be more restrictive than the NES.

• Clause 1.23, relating to compassionate leave, does not provide an entitlement to compassionate leave in circumstances where a child is stillborn or there is a miscarriage, inconsistent with s.104 of the Act.

• Appendix 7, clause 1.5.2, relating to abandonment of employment and termination may be inconsistent with written notice requirements set out in s.117(1) of the Act.

• Appendix 7, clause 2.2, relating to redundancy payments, provides a lower severance payment to employees with less than four completed years of service, than provided by s.119 of the Act.

1. However, noting clause 1.4.2 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.

1. Librarians engaged under clause 1.47.6(a) of the Agreement, who work only on Saturday mornings, received lesser rates under the Agreement than under the Victorian Local Government Award 2015 (the Award). The Employer provided an undertaking granting an increased loading for librarians working only on Saturday mornings, to address this concern.

1. Clause 1.44 of the Agreement, relating to annualised salaries, did not contain a reconciliation safeguard for employees on annualised salaries. The Employer provided an undertaking confirming it would perform annual reconciliations of annualised salaries, to address this issue.

1. Special Engagement – Band 4 employees received lesser rates on Saturdays and Sundays under clause 1.47.13(g) and (h) of the Agreement than the comparable provisions under the Award. The Employer provided an undertaking increasing Saturday and Sunday loadings under the Agreement for employees working only on weekend days, to address this concern.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A