Devonport City Council
[2024] FWC 1780
•8 JULY 2024
| [2024] FWC 1780 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Devonport City Council
(AG2024/2259)
DEVONPORT CITY COUNCIL ENTERPRISE AGREEMENT 2024
| Local government administration | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 8 JULY 2024 |
Application for approval of the Devonport City Council Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Devonport City Council Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Devonport City Council (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.
I note that Clause 1.6 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the clause provides that the NES provision will apply to the extent of the inconsistency.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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Annexure A
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