Town of Claremont

[2021] FWCA 2235

[2021] FWCA 2235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Town of Claremont
(AG2021/4574)

TOWN OF CLAREMONT ENTERPRISE AGREEMENT 2021

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 APRIL 2021

Application for approval of the Town of Claremont Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Town of Claremont 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 Town of Claremont. The Agreement is a single enterprise agreement.

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

[3] I observe that clauses 33.4 and 34.13 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union and Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards 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 the organisations.

[5] The Agreement was approved on 22 April 2021 and, in accordance with s.54, will operate from 29 April 2021. The nominal expiry date of the Agreement is 23 April 2024.

COMMISSIONER

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