Hindmarsh Shire Council

[2020] FWCA 474

[2020] FWCA 474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hindmarsh Shire Council
(AG2019/4740)

HINDMARSH SHIRE COUNCIL ENTERPRISE AGREEMENT NO 9 2019

Local government administration
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 31 JANUARY 2020

Application for approval of the Hindmarsh Shire Council Enterprise Agreement No 9 2019.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Shire Council Enterprise Agreement No 9 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hindmarsh Shire Council (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained a cross referencing error at clause 36.2. On 15 January 2020, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 29 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506913  PR716271>

Annexure A