Mildura Rural City Council

[2023] FWCA 2800

[2023] FWCA 2800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mildura Rural City Council

(AG2023/2746)

MILDURA RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER 10, 2023

Local government administration
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2023

Application for approval of the Mildura Rural City Council Enterprise Agreement Number 10, 2023

1. An application has been made for approval of an enterprise agreement known as the Mildura Rural City Council Enterprise Agreement Number 10, 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mildura Rural City Council. The Agreement is a single enterprise agreement.

1. 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. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, 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.

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

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

·   Part A Clause 12.1 –Work and Family (Primary Carers/ Adoption Leave)

·   Part B Clause 36.2.1 – Parental Leave (Basic entitlement)

·   Part B Clause 36.3 – Parental Leave (Variation of parental leave)

·   Part B Clause 36.5.1(b) – Parental Leave (Maternity leave)

·   Part B Clause 36.14.1 – Parental Leave (Sick leave – parental leave part-time employees)

·   Part B Clause 41.7 – Annual leave and leave loading (Proportionate leave on termination)

·   Part A Clause 12.5 – Carers Leave

·   Part A Appendix 4 Clause 23.21 – Sick leave

·   Part B Clause 37.3.4 – Personal sick leave

·   Part B Clause 37.5.5 – Carer’s leave

·   Part B Clause 39.1.1(c) – Sick leave (employees other than physical/community service employees band 3 to 8 and senior executive officers)

·   Part A Clause 9.9 – Long Service Leave 

·   Part B Clause 42.7 – Public Holidays

·   Part A Clause 13.2(b) – Redundancy

·   Part B Clause 17.2 – Redundancy (Transfer to lower paid duties)

·   Part B Clause 17.4 – Redundancy (Employees leaving during notice period)

·   Part B Clause 37.1.1(b) – Carer’s leave (Amount of paid carer’s leave)

However, noting clause 5 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 27 September 2023. The nominal expiry date of the Agreement is 7 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A