Department of Environment, Land Water and Planning

[2020] FWCA 425

[2020] FWCA 425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Department of Environment, Land Water and Planning
(AG2019/4672)

FIELD STAFF AGREEMENT 2019

State and Territory government administration
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2020

Application for approval of the Field Staff Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Field Staff Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Department of Environment, Land Water and Planning. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Workers’ 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 35.1.2.6 – Amount of paid personal/ carer’s leave

•  Clause 40.1.1 – Definitions

However, noting clause 7.4 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

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