Derwent Valley Council Summary

[2021] FWCA 7322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derwent Valley Council
(AG2021/8782)

DERWENT VALLEY COUNCIL ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2021

Application for approval of the Derwent Valley Council Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Derwent Valley Council 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 Derwent Valley Council. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 58(e) - Resignation and Termination.

However, noting clause 6 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The Derwent Valley Council has applied to the Fair Work Commission for approval of the Derwent Valley Council Enterprise Agreement 2021. The application was made under section 230 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement provided for a safety net of minimum wages and conditions and provided for the direct sett lement of disputes. The Commission found that the agreement did provide for a safety net of minimum wages and conditions, but did not provide for the direct settlement of disputes. The Commission noted that the agreement contained a dispute resolution procedure, but this procedure did not include a requirement for parties to attempt to resolve disputes before referring them to the Commission. The Commission approved the agreement on the basis that it met the requirements of section 231(1) of the Fair Work Act 2009. The Commission ordered that the agreement be approved as a registered agreement.

Derwent Valley Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established