Town of Claremont

[2013] FWCA 8167

[2013] FWCA 8167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Town of Claremont
(AG2013/7367)

TOWN OF CLAREMONT ENTERPRISE AGREEMENT 2013

Local government administration
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 OCTOBER 2013

Application for variation of the Town of Claremont Enterprise Agreement 2013.

[1] An application has been made by the Town of Claremont (the Applicant) for variation of the Town of Claremont Enterprise Agreement 2013 (the Agreement) as follows:

[2] By inserting subclause 31.6.

[3] I had some concerns regarding subclause 31.6 in the Agreement. An undertaking has been provided by the employer that the words “Despite the operation of the first paragraph of subclause 31.6” be inserted at the beginning of the second paragraph contained in subclause 31.6. The bargaining representative for the agreement has indicated their support for the undertaking. A copy of the undertaking is attached to the Agreement.

[4] The new subclause 31.6 reads as follows:

31.6 Severance Benefits (Structural Reform)

An employee whose employment is made redundant due to a merger, amalgamation or any other form of structural change which causes the Town of Claremont to be abolished or amalgamated will not be entitled to the severance payments provided for in subclause 31.3.

Despite the operation of the first paragraph of subclause 31.6, an employee whose employment is made redundant due to a merger, amalgamation or any other form of structural change which causes the Town of Claremont to be abolished or amalgamated, and who is not subsequently employed within a new local government entity, shall be entitled to either:

31.6.1 The relevant compensation outlined under Section 11(4)(a) of Schedule 2.1 of the Local Government Act 1995 (or any relevant Section that amends or replaces this Section); or

31.6.2 A redundancy payment up to a maximum of 52 weeks pay but not less than 13 weeks pay; whichever is greater.

31.6.3 The term ‘weeks pay’ means the employee’s annual base rate of pay to each individual employee, multiplied by 0.019231

31.6.4 Subclauses 31.1, 31.2, 31.4 and 31.5 will apply to an employee whose employment is made redundant due to a merger, amalgamation or any other form of structural change which causes the Town of Claremont to be abolished or amalgamated.

[5] The variation is approved and will come into force on 23 October 2013.

[6] A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

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