Wellington Shire Council

[2023] FWCA 1597

[2023] FWCA 1597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wellington Shire Council

(AG2023/1290)

WELLINGTON SHIRE COUNCIL ENTERPRISE AGREEMENT NO.11. 2023

Local government administration
COMMISSIONER MIRABELLA	MELBOURNE, 5 JUNE 2023

Application for approval of the Wellington Shire Council Enterprise Agreement No.11. 2023.

1. Wellington Shire Council (the Employer) has made an application for approval of an enterprise agreement known as the Wellington Shire Council Enterprise Agreement No.11. 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 1.4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement lodged contained referencing errors, omissions, and other errors. The Employer has requested that the Commission exercise its discretion to correct these errors pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act. On 17 May 2023, the Employer filed the attached amended version of the Agreement correcting the various errors identified.

1. The Australian Municipal, Administrative, Clerical and Services Union; the Australian Nursing and Midwifery Federation; and the Association of Professional Engineers, Scientists and Managers, Australia, 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) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

1. The Agreement was approved on 5 June 2023 and, in accordance with s.54, will operate from 12 June 2023. The nominal expiry date of the Agreement is 8 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE520219  PR762754>

Annexure A