Northern Midlands Council

[2019] FWCA 6524

[2019] FWCA 6524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Midlands Council
(AG2019/2660)

NORTHERN MIDLANDS COUNCIL ENTERPRISE AGREEMENT 2019-2022

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the Northern Midlands Council Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Northern Midlands Council Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Midlands 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met.

[4] The Notice of Employee Representational Rights issued to employees omitted content that is prescribed by Schedule 2.1 of the Fair Work Regulations, being the reference to the Fair Work Ombudsman in the final paragraph. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] I observe that Items 30 and 31 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting Item 4 of the Agreement and the undertakings provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] 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.

[7] The Agreement was approved on 18 September 2019 and, in accordance with s.54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A