Shire of Kent
[2022] FWCA 207
•27 JANUARY 2022
| [2022] FWCA 207 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Shire of Kent
(AG2021/8995)
Shire of Kent Outside Workforce Enterprise Agreement 2021
| Local government administration | |
| COMMISSIONER SIMPSON | BRISBANE, 27 JANUARY 2022 |
Application for approval of the Shire of Kent Outside Workforce Enterprise Agreement 2021
An application has been made for the approval of an enterprise agreement known as the Shire of Kent Outside Workforce Enterprise Agreement 2021 (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 Kent (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188, as are relevant to this application for approval, have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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