Indigo Shire Council

Case

[2023] FWCA 1259

3 MAY 2023


[2023] FWCA 1259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Indigo Shire Council

(AG2023/1100)

INDIGO SHIRE COUNCIL ENTERPRISE AGREEMENT 2021 – 2024

Local government administration

DEPUTY PRESIDENT MASSON

MELBOURNE, 3 MAY 2023

Application for approval of the Indigo Shire Council Enterprise Agreement 2021 – 2024.

  1. An application has been made for approval of an enterprise agreement known as the Indigo Shire Council Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Indigo 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. I note that clause 64.2.1 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

  1. The Australian Nursing and Midwifery Federation and the Australian Municipal, Administrative, Clerical and Services Union being 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 these organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519906  PR761586>

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