Warrnambool City Council T/A City of Warrnambool

[2020] FWCA 1730

[2020] FWCA 1730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool City Council T/A City of Warrnambool
(AG2020/320)

WARRNAMBOOL CITY COUNCIL ENTERPRISE AGREEMENT NO 8 - 2019

Local government administration
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 MARCH 2020

Application for approval of the Warrnambool City Council Enterprise Agreement No 8 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool City Council Enterprise Agreement No 8 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Warrnambool City Council T/A City of Warrnambool. 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. Pursuant to s.201(3), 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. 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.

[4] The Agreement lodged contained an error at clause 1.2. On 10 March 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] I observe that clauses 6.4.1, 6.4.2, 8.1(e), 8.3.6 and 9.11.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5(b) 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 Australian Nursing and Midwifery Federation (ANMF), Australian Municipal, Administrative, Clerical and Services Union (ASU) and The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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.

[7] The Agreement was approved on 31 March 2020 and, in accordance with s.54, will operate from 7 April 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A