Moyne Shire Council

Case

[2023] FWCA 1672

13 JUNE 2023


[2023] FWCA 1672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Moyne Shire Council

(AG2023/1596)

MOYNE SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 10 2022

Local government administration

COMMISSIONER MIRABELLA

MELBOURNE, 13 JUNE 2023

Application for approval of the Moyne Shire Council Enterprise Agreement No. 10 2022.

  1. Moyne Shire Council (the Employer) has made an application for approval of an enterprise agreement known as the Moyne Shire Council Enterprise Agreement No. 10 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

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

  1. Pursuant to s.202(4), the model flexibility term prescribed by the Regulations is also taken to be a term of the Agreement.

  1. The Australian Nursing and Midwifery Federation; the Australian Municipal, Administrative, Clerical and Services Union; 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 they want the Agreement to cover them. In accordance with s.201(2) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

  1. The Agreement was approved on 13 June 2023 and, in accordance with s.54, will operate from 20 June 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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