Town of Victoria Park T/A Town of Victoria Park

Case •

[2022] FWCA 4253

•

2 DECEMBER 2022
[2022] FWCA 4253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Town of Victoria Park T/A Town of Victoria Park

(AG2022/4710)

TOWN OF VICTORIA PARK ENTERPRISE AGREEMENT 2022

Local government administration

COMMISSIONER P RYAN

SYDNEY, 2 DECEMBER 2022

Application for approval of the Town of Victoria Park Enterprise Agreement 2022

  1. Town of Victoria Park (Employer) has made an application for approval of an enterprise agreement known as the Town of Victoria Park Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

  1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

  1. The Employer 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.

Section 186, 187, 188 and 190

  1. 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.

Section 183 Bargaining representative

  1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ASU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518415  PR748559>

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