Norfolk Island Regional Council

[2020] FWCA 2592

[2020] FWCA 2592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Norfolk Island Regional Council
(AG2020/1131)

NORFOLK ISLAND REGIONAL COUNCIL ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER WILSON	MELBOURNE, 20 MAY 2020

Application for approval of the Norfolk Island Regional Council Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Norfolk Island Regional Council Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Norfolk Island Regional Council. The Agreement is a single enterprise agreement.

[2] In response to a concern held by the Commission, the Applicant provided an undertaking dealing with the subject of public holidays.  The Commission regards the undertaking as ensuring consistency between the Agreement and the National Employment Standards on the subject of regionally-based public holidays which, in the case of the Territory of Norfolk Island, includes Show Day, declared to be taken on the second Monday in October.

[3] 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.

[4] 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.

[5] The Form F18 Statutory Declaration filed by the United Firefighters' Union of Australia on 24 April 2020 was not physically signed in the presence of an authorised witness as required by the Fair Work Commission Rules 2013. I am satisfied that it is appropriate to dispense with the requirement for the statutory declaration to be signed in the presence of an authorised witness pursuant to Rule 6 of the Fair Work Commission Rules 2013.

[6] The United Firefighters' Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2020. The nominal expiry date of the Agreement is 19 May 2023.

COMMISSIONER

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Annexure A