Wangaratta Rural City Council T/A Rural City of Wangaratta

[2020] FWCA 4733

[2020] FWCA 4733

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wangaratta Rural City Council T/A Rural City of Wangaratta
(AG2020/2259)

WANGARATTA SPORTS AND AQUATICS PRECINCT ENTERPRISE AGREEMENT 2020

Local government administration
COMMISSIONER LEE	MELBOURNE, 3 SEPTEMBER 2020

Application for approval of the Wangaratta Sports and Aquatics Precinct Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wangaratta Sports and Aquatics Precinct Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wangaratta Rural City Council T/A Rural City of Wangaratta. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 45.19 - Notification of Absence;

•  Clause 45.30 - Personal Leave (Family/Carer’s leave);

•  Clause 46 - Compassionate Leave; and

•  Clause 68.1 – Abandonment of Employment.

[5] However, noting clause 4.1 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2020. The nominal expiry date of the Agreement is 2 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508928  PR722502>

Annexure A