Southern Grampians Shire Council

[2019] FWCA 7476

[2019] FWCA 7476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Grampians Shire Council
(AG2019/3444)

SOUTHERN GRAMPIANS SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 9, 2019

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 30 OCTOBER 2019

Application for approval of the Southern Grampians Shire Council Enterprise Agreement No. 9, 2019.

[1] An application has been made for approval of an enterprise agreement known as the Southern Grampians Shire Council Enterprise Agreement No. 9, 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Grampians Shire Council. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] The employer provided an older version of the Notice of Employee Representational Rights to employees. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3). I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 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.

[6] The Australian Nursing and Midwifery Federation 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.

[7] The Agreement is approved and in accordance with s.54, will operate from 6 November 2019. The nominal expiry date of the Agreement is 9 May 2022.

COMMISSIONER

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Annexure A