Shire of Ashburton
[2022] FWCA 2869
•22 AUGUST 2022
| [2022] FWCA 2869 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Shire of Ashburton
(AG2022/2448)
Application for approval of the Shire of Ashburton Enterprise Agreement 2022.
| Local government administration | |
| COMMISSIONER WILLIAMS | PERTH, 22 AUGUST 2022 |
Application for approval of the Shire of Ashburton Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Shire of Ashburton Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Shire of Ashburton. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
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 ASU has identified rightly that that Clause 11 ‘Leave’, at 11.3 and 11.6 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.4 ‘National Employment Standards 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2022. The nominal expiry date of the Agreement is 29 August 2026.
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