Horsham Rural City Council

[2023] FWCA 2869

[2023] FWCA 2869

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Horsham Rural City Council

(AG2023/2716)

HORSHAM RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER TEN, 2022-2025

Local government administration
COMMISSIONER TRAN	MELBOURNE, 6 SEPTEMBER 2023

Application for approval of the Horsham Rural City Council Enterprise Agreement Number Ten, 2022-2025

1. An application has been made for approval of an enterprise agreement known as the Horsham Rural City Council Enterprise Agreement Number Ten, 2022-2025 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Horsham Rural City Council.

1. The Agreement is a single enterprise agreement.

1. I had concerns that the Agreement did not meet the requirement of passing the better off overall test as provided for in ss 186(2) and 193 of the Act, particularly in relation to allowances in various clauses in the Agreement. In email correspondence, I sought the view of the parties and specified amendments to the Agreement that I considered necessary to address my concerns, pursuant to s 191A of the Act.  The employer provided an updated Agreement, incorporating the specified amendments and all parties were offered an opportunity to provide a response prior to this decision.

1. As a result of the above, 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 Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia and the Australian Services Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that each organisation want the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers each of the organisations.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 September 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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