Shire of Denmark

[2017] FWCA 6179

[2017] FWCA 6179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185--Enterprise agreement

Shire of Denmark
(AG2017/3839)

SHIRE OF DENMARK (OUTSIDE WORKERS) AGREEMENT 2017

Local government administration
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 NOVEMBER 2017

Application for approval of the Shire of Denmark (Outside Workers) Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Shire of Denmark (Outside Workers) Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shire of Denmark. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Shire of Denmark. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities Water Boards Union 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2017. The nominal expiry date of the Agreement is 30 November 2020.

DEPUTY PRESIDENT

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