Port Phillip City Council T/A City of Port Phillip

[2013] FWCA 9647

[2013] FWCA 9647

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Port Phillip City Council T/A City of Port Phillip
(AG2013/11558)

CITY OF PORT PHILLIP ENTERPRISE AGREEMENT 2013-2016

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 9 DECEMBER 2013

Application for approval of the City of Port Phillip Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Port Phillip Enterprise Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Port Phillip City Council trading as City of Port Phillip. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The flexibility term and the consultation term do not meet the requirements of s.203 and s.205 of the Act. This does not prevent approval of the Agreement. However, absent terms which meet these requirements, the model terms in schedule 2.2 and schedule 2.3 of the Fair Work Regulations 2009, are taken to be terms of the Agreement.

[4] In accordance with s.201(1)(b)(i) and (ii) of the Act, when approving the Agreement, I note that the model flexibility term and model consultation terms are taken to be terms of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union, the 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 they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

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