Mildura Rural City Council

[2020] FWCA 4208

[2020] FWCA 4208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mildura Rural City Council
(AG2020/2093)

MILDURA RURAL CITY COUNCIL ENTERPRISE AGREEMENT NUMBER 9, 2020

Local government administration
DEPUTY PRESIDENT CLANCY	MELBOURNE, 10 AUGUST 2020

Application for approval of the Mildura Rural City Council Enterprise Agreement Number 9, 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Mildura Rural City Council Enterprise Agreement Number 9, 2020 (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.

[2] The Agreement does not cover all of the employees of Mildura Rural City Council, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] I have noted the name of the enterprise agreement it was said the Company was bargaining for in the Notice of Employee Representational Rights (NERR) was Mildura Rural City Council Enterprise Agreement Number 9, 2019 whereas the ultimate name of the Agreement is as outlined above, but I am nonetheless satisfied the employees were not likely to have been disadvantaged as a result and that the Agreement has been genuinely agreed notwithstanding this minor technical error. 1

[4] I also observe that the Agreement is to be read in conjunction with the National Employment Standards (NES) and wherever the NES provide a more generous entitlement for employees, the NES will prevail to the extent of any ‘better entitlement’.

[5] The Agreement is voluminous and countless terms are required to be read in conjunction with others, across three parts and multiple appendices. While the Agreement is light years from being a model of clarity and simplicity, on the basis of the material contained in the application and accompanying statutory declaration, together with my conclusion at paragraph [3] 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.

[6] The Australian Nursing and Midwifery Federation (Victoria Branch) (ANMF Victoria Branch) and the Australian Municipal, Administrative, Clerical & Services Union Vic/Tas Authorities & Services Branch Union (ASU), 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) and based on the statutory declarations provided by these organisations, I note that the Agreement covers the ANMF Victoria Branch and the ASU.

[7] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 17 August 2020. The nominal expiry date of the Agreement is 24 February 2023.

DEPUTY PRESIDENT

 1 Fair Work Act 2009, s.188(2).

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