Moira Shire Council

[2016] FWCA 8638

[2016] FWCA 8638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moira Shire Council
(AG2016/6031)

MOIRA SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 8 2016 - 2020

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Moira Shire Council Enterprise Agreement No.8 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Moira Shire Council Enterprise Agreement No.8 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moira Shire Council. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation, The Association of Professional Engineers, Scientists and Managers, Australia and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 2 December 2016 and, in accordance with s.54, will operate from 9 December 2016. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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Annexure A