Shire of York

[2020] FWCA 908

[2020] FWCA 908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shire of York
(AG2019/5117)

SHIRE OF YORK INSIDE STAFF ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 FEBRUARY 2020

Application for approval of the Shire of York Inside Staff Enterprise Agreement 2019.

[1] Shire of York has made an application for the approval of an enterprise agreement known as the Shire of York Inside Staff Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Applicant has sought an amendment to cl.32 of the Agreement. Subclause 32.10 incorrectly refers to cl.32.1.1 rather than cl.32.1.2. Further, cl.32.10.2 incorrectly cites cl.32.3 and cl.32.9, rather than cl.32.11 and cl.32.16. Pursuant to s 586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.

[6] The Australian Municipal, Administrative, Clerical and Services Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[7] The Agreement was approved on 19 February 2020 and, in accordance with s 54, will operate from 26 February 2020. The nominal expiry date of the Agreement is 19 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

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