Glen Eira City Council

[2017] FWCA 1301

[2017] FWCA 1301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Glen Eira City Council
(AG2017/463)

GLEN EIRA CITY COUNCIL ENTERPRISE AGREEMENT 2016

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 7 MARCH 2017

Application for approval of the Glen Eira City Council Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Glen Eira City Council Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Glen Eira City Council. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Education Union, The Association of Professional Engineers, Scientists and Managers, Australia, the Australian Nursing and Midwifery Federation and 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 organisations.

[6] The Agreement was approved on 7 March 2017 and, in accordance with s.54, will operate from 14 March 2017. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

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Annexure A