West Gippsland Catchment Management Authority

[2014] FWCA 4152

[2014] FWCA 4152

FAIR WORK COMMISSION

DECISION

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

West Gippsland Catchment Management Authority
(AG2014/1321)

WEST GIPPSLAND CATCHMENT MANAGEMENT AUTHORITY ENTERPRISE AGREEMENT 2013

Local government administration
DEPUTY PRESIDENT SMITH	MELBOURNE, 24 JUNE 2014

Application for approval of the West Gippsland Catchment Management Authority Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the West Gippsland Catchment Management Authority Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 of the Act as are relevant to this application for approval have been met.

[3] In relation to the provision relating to Long Service Leave a Full Bench of this Commission in Armacell Australia Pty Ltd and Others (Armacell) [2010 FWAFB 9985] considered the issue of long service leave as a term of an enterprise agreement. At paragraph 30 of Armacell, the Bench observed:

“The effect of these provisions is that in the event of inconsistency between a term of an enterprise agreement dealing with long service leave and State long service leave legislation the latter prevails. Accordingly, to the extent that a term in an enterprise agreement purports to permit cashing out of long service leave in circumstances where it would not be permitted under the relevant State legislation, the term is of no legal effect.”

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2014. The nominal expiry date of the Agreement is 4 August 2015.

DEPUTY PRESIDENT

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