Mitchell Shire Council T/A Mitchell Shire Council
[2024] FWCA 3511
•8 OCTOBER 2024
| [2024] FWCA 3511 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mitchell Shire Council T/A Mitchell Shire Council
(AG2024/2632)
MITCHELL SHIRE COUNCIL ENTERPRISE AGREEMENT NO.9 - 2024
| Local government administration | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 8 OCTOBER 2024 |
Application for approval of the Mitchell Shire Council Enterprise Agreement No.9 - 2024
An application has been made for approval of an enterprise agreement known as the Mitchell Shire Council Enterprise Agreement No.9 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mitchell Shire Council T/A Mitchell Shire Council. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 21 November 2023 and the Agreement was made on 5 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Victorian Local Government Award 2015 is taken to be a term of the Agreement.
The Australian Municipal, Administrative, Clerical and Services Union (ASU), Australian Nursing and Midwifery Federation (ANMF) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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 these organisations.
The Agreement was approved on 8 October 2024 and, in accordance with s.54, will operate from 15 October 2024. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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