West Gippsland Catchment Management Authority
[2020] FWCA 273
•17 JANUARY 2020
| [2020] FWCA 273 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
West Gippsland Catchment Management Authority
(AG2019/4968)
WEST GIPPSLAND CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2019
Local government administration | |
COMMISSIONER HARPER-GREENWELL | MELBOURNE, 17 JANUARY 2020 |
Application for approval of the West Gippsland Catchment Management Authority Enterprise Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the West Gippsland Catchment Management Authority Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Gippsland Catchment Management Authority. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.
[3] I observe that clause 28.4.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 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.
[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.
[5] The Agreement was approved on 17 January 2020 and, in accordance with s.54, will operate from 24 January 2020. The nominal expiry date of the Agreement is 12 November 2020.
COMMISSIONER
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