North East CMA
[2022] FWCA 1412
•27 APRIL 2022
| [2022] FWCA 1412 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
North East CMA
(AG2022/942)
North East Catchment Management Authority Enterprise Agreement 2021-2025
| State and Territory government administration | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 27 APRIL 2022 |
Application for approval of the North East Catchment Management Authority Enterprise Agreement 2021-2025.
An application has been made for approval of an enterprise agreement known as the North East Catchment Management Authority Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North East CMA. 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 as are relevant to this application for approval have been met.
The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 7.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2022. The nominal expiry date of the Agreement is 9 November 2025.
DEPUTY PRESIDENT
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Annexure A
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