George Town Council

[2024] FWCA 2613

[2024] FWCA 2613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

George Town Council

(AG2024/2258)

GEORGE TOWN COUNCIL ENTERPRISE AGREEMENT 2023

Local government administration
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 JULY 2024

Application for approval of the George Town Council Enterprise Bargaining Agreement 2023

[1]      An application has been made for approval of an enterprise agreement to be known as the George Town Council Enterprise Bargaining Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by George Town Council (Employer). The Agreement is a single enterprise agreement.

[2]      There was an issue identified as to typographical and/or cross-referencing errors on page 33 of the Agreement (in the version approved by relevant employees).  The Applicant’s correspondence to the Commission dated 5 July 2024 specifically sets out each of the two amendments to be made to the words of the Agreement to rectify such typographical and/or cross-referencing errors. On 5 July 2024, the Applicant filed with Chambers a clean and corrected page 33 of the Agreement (reflecting relevant amendments). I am satisfied that these corrections and amendments should be made to the Agreement (as and when published by the Commission), and that it is appropriate to do so.  Pursuant to s.586 of the Act, I make the corrections and amendments.

Undertakings

[3]      The Employer has provided written undertakings dated 5 July 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Local Government Industry Award  2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

[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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

[5]      Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6]      I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7]      The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

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