Glenelg Shire Council

[2022] FWCA 381

[2022] FWCA 381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Glenelg Shire Council

(AG2021/9192)

Glenelg Shire Council Enterprise Agreement No 8 - 2021

Local government administration
DEPUTY PRESIDENT MANSINI	MELBOURNE, 11 FEBRUARY 2022

Application for approval of the Glenelg Shire Council Enterprise Agreement No 8 – 2021.

1. Glenelg Shire Council has applied for approval of a single enterprise agreement known as the Glenelg Shire Council Enterprise Agreement No 8 - 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

1. After the application was filed, an amended signature page was filed by a bargaining representative with a request that the application be amended to include an additional signature. I consider it appropriate in the circumstances to allow a correction or amendment to the application and do so pursuant to s.586(b), noting the Agreement when made did not include any signatures.[1]

1. Since the application was made, concerns about whether the Agreement passes the “better off overall” test were raised by and with the Commission. Further information was provided and written undertakings were given in accordance with s.190 of the Act (attached at Annexure A (Undertakings)). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

1. Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

1. On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

1. The Australian Nursing and Midwifery Federation, the Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

1. The Agreement was approved on 11 February 2022 and, in accordance with s.54, will operate from 18 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Annexure A

[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501.

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