Shire of Kalamunda

[2016] FWCA 3104

[2016] FWCA 3104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of Kalamunda
(AG2016/2784)

SHIRE OF KALAMUNDA ENTERPRISE AGREEMENT 2015 (MUNICIPAL EMPLOYEES)

Local government administration
COMMISSIONER GREGORY	SYDNEY, 18 MAY 2016

Application for approval of the Shire of Kalamunda Enterprise Agreement 2015 (Municipal Employees).

[1] An application has been made for approval of an enterprise agreement known as the Shire of Kalamunda Enterprise Agreement 2015 (Municipal Employees) (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 Kalamunda. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[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 Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourses, Public Authorities Water Boards Union and Australian Municipal, Administrative, Clerical and Services 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 25 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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Annexure A