Mitchell Shire Council

[2020] FWCA 6522

[2020] FWCA 6522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchell Shire Council
(AG2020/3413)

MITCHELL SHIRE COUNCIL ENTERPRISE AGREEMENT NO.8 - 2020

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 DECEMBER 2020

Application for approval of the Mitchell Shire Council Enterprise Agreement No.8 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Mitchell Shire Council Enterprise Agreement No.8 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mitchell Shire Council. The Agreement is a single enterprise agreement.

[2] 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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

[4] The Australian Nursing and Midwifery Federation (ANMF) and Australian Municipal, Administrative, Clerical and Services 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 3 December 2020 and, in accordance with s.54, will operate from 10 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A