Towong Shire Council

[2014] FWCA 4457

[2014] FWCA 4457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Towong Shire Council
(AG2014/6130)

TOWONG SHIRE COUNCIL ENTERPRISE AGREEMENT 2014

Local government administration
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2014

Application for approval of the Towong Shire Council Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Towong Shire Council Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Towong Shire Council (the Applicant). The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Annexure A, which have been provided by the Applicant. The undertakings are attached to the Agreement and will be taken to be a term of the Agreement pursuant to s.191 of the Act.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[4] The Agreement does not contain a flexibility provision in the terms of s.202 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union (the ASU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover the ASU. In accordance with s.201(2), I note that the Agreement covers the ASU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2014. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

ANNEXURE A

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