Monash City Council

[2019] FWCA 8095

[2019] FWCA 8095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monash City Council
(AG2019/4208)

MONASH CITY COUNCIL ENTERPRISE AGREEMENT NO. 9, 2019

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 NOVEMBER 2019

Application for approval of the Monash City Council Enterprise Agreement No. 9, 2019.

[1] An application has been made for approval of an enterprise agreement known as the Monash City Council Enterprise Agreement No. 9, 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monash City Council. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] I observe that clauses 2 and 8.1 of Part A, Appendix 1 of the Agreement, and clauses 37.4.1, 39.1.1(d), 39.3.1, 41.7 and 41.9.2 of Part B of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting Part A, clause 1.4.1 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.

[4] The Australian Nursing and Midwifery Federation (ANMF), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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 28 November 2019 and, in accordance with s.54, will operate from 5 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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