Greater Shepparton City Council

Case

[2024] FWCA 3912

8 NOVEMBER 2024


[2024] FWCA 3912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Greater Shepparton City Council

(AG2024/3684)

GREATER SHEPPARTON CITY COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration

DEPUTY PRESIDENT O’NEILL

MELBOURNE, 8 NOVEMBER 2024

Application for approval of the Greater Shepparton City Council Enterprise Agreement 2024

  1. Greater Shepparton City Council has applied for approval of an enterprise agreement known as the Greater Shepparton City Council Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act) and is a single enterprise agreement.

  1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Australian Nursing and Midwifery Federation (ANMF), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations. The ASU supports approval of the Agreement.

  1. I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·Clause 2.14 (b)

·Clause 5.4

However, noting clause 1.5 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.

  1. 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2024. The nominal expiry date of the Agreement is 30 June 2027. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE526696  PR781081>

Annexure A

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