Moorabool Shire Council

[2018] FWCA 7628

[2018] FWCA 7628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moorabool Shire Council
(AG2018/2530)

MOORABOOL SHIRE COUNCIL AGREEMENT NO. 8 2017

Local government administration
COMMISSIONER GREGORY	MELBOURNE, 17 DECEMBER 2018

Application for approval of the Moorabool Shire Council Agreement No. 8 2017.

[1] An application has been made for approval of an enterprise agreement known as the Moorabool Shire Council Agreement No. 8 2017 (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.

[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.

[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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained an error at Clause 7.2 of Part A and at Section 9 Clause 1 of Part A. On 13 December 2018 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act

[6] The Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation, and The Association of Professional Engineers, Scientists and Managers, Australia 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) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A