Pyrenees Shire Council

[2023] FWCA 3140

[2023] FWCA 3140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pyrenees Shire Council

(AG2023/3239)

PYRENEES SHIRE COUNCIL ENTERPRISE AGREEMENT 2023

Local government administration
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 SEPTEMBER 2023

Application for approval of the Pyrenees Shire Council Enterprise Agreement 2023

1. An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Pyrenees Shire Council Enterprise Agreement 2023 (Agreement).

1. 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.

1. The following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Part A, clause 35.1 – Personal leave, part time exclusions;

·   Part A, appendix 1 – Redundancy pay;

·   Part B, clause 36.2.1 – Parental leave, combined leave;

·   Part B, clause 36.3 – Parental leave, variation;

·   Part B, clause 36.14.1 – Parental leave, part time;

·   Part B, clause 37.1.1(b) – Deductions; and

·   Part B, clause 42.7.- Public holidays, illness.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Municipal, Administrative, Clerical and Services Union and the Australian Nursing and Midwifery Federation 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 October 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

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