Knox City Council

[2021] FWCA 6828

[2021] FWCA 6828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Knox City Council
(AG2021/8027)

KNOX CITY COUNCIL ENTERPRISE AGREEMENT NO.10 2019-2022

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 25 NOVEMBER 2021

Application for variation of the Knox City Council Enterprise Agreement No 10 2019-2022

[1] An application has been made for approval of a variation to the Knox City Council Enterprise Agreement No 10 2019-2022 (the Agreement). The application was made by Knox City Council pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to extend the Agreement’s nominal expiry date by a year and to change the title of the Agreement to reflect the 2022 expiry date. Further, the variation seeks to vary pay rates set out at Appendix A and clause 53.1.4–Quantum & Timing of Increases. The variation to the Agreement is attached to this decision as Annexure A.

[3] The variation was made on 14 October 2021 when a majority of the affected employees’ case a vote to approve the variation. The proposed variation was agreed to by the Australian Municipal Administrative, Clerical & Services Union and Professionals Australia.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act are relevant to this application for approval of a variation and have been met.

[5] Knox City Council gave an undertaking with respect to holiday penalty rates for casual employees that meets the concern raised by the Commission. I am satisfied that the undertaking meets the requirements of s.212 and does not cause financial detriment to any employee or result in substantial changes to the Agreement. The undertaking forms part of the Agreement as varied and is attached to this decision at Annexure B.

[6] In accordance with s.216 of the Act, the variation operates from 25 November 2021.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

Annexure B