Stonnington City Council
[2023] FWCA 92
•11 JANUARY 2023
| [2023] FWCA 92 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Stonnington City Council
(AG2022/5266)
STONNINGTON CITY COUNCIL ENTERPRISE AGREEMENT NO. 11/2022
| Local government administration | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 11 JANUARY 2023 |
Application for approval of the Stonnington City Council Enterprise Agreement No. 11/2022.
An application has been made for approval of an enterprise agreement known as the Stonnington City Council Enterprise Agreement No. 11/2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stonnington City Council. The Agreement is a single enterprise agreement.
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.
Due to typographical errors in the original NERR provided to employees the NERR was reissued 22 days after the notification time. The NERR was therefore not provided to employees within 14 days after the notification time for the Agreement as required by s.173(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
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.
I note that Clause 7.2.1(d) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing and Midwifery Federation and the Association of Professional Engineers, Scientists and Managers, Australia 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 30 September 2024.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318.
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