Moorabool Shire Council
[2023] FWCA 2659
•24 AUGUST 2023
| [2023] FWCA 2659 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Moorabool Shire Council
(AG2023/2553)
MOORABOOL SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 10 2023
| Local government administration | |
| COMMISSIONER YILMAZ | MELBOURNE, 24 AUGUST 2023 |
Application for approval of the Moorabool Shire Council Enterprise Agreement No. 10 2023
An application has been made for approval of an enterprise agreement known as the Moorabool Shire Council Enterprise Agreement No. 10 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moorabool Shire Council. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement concerning personal leave, compassionate leave and termination are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 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.
The Australian Services Union, and the Australian Nursing and Midwifery Federation 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 these organisations.
The Agreement is approved and in accordance with s.54, will operate from 31 August 2023. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
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Annexure A
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