Hindmarsh Shire Council

[2023] FWCA 1530

[2023] FWCA 1530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hindmarsh Shire Council

(AG2023/1355)

HINDMARSH SHIRE COUNCIL ENTERPRISE AGREEMENT NO 10 2022

Local government administration
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 29 MAY 2023

Application for approval of the Hindmarsh Shire Council Enterprise Agreement No 10 2022

1. An application has been made for approval of an enterprise agreement known as the Hindmarsh Shire Council Enterprise Agreement No 10 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hindmarsh Shire Council. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. 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 organisation.

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

·   Clause 35.2;

·   Clause 45.4.2; and

·   Clause 46.1.

However, noting clause 5.4 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

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