Whittlesea City Council T/A City of Whittlesea

[2019] FWCA 6840

[2019] FWCA 6840

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Whittlesea City Council T/A City of Whittlesea

(AG2019/3440)

Whittlesea City Council Enterprise Agreement No. 9 (2019)

Local government administration
Commissioner Lee	MELBOURNE, 3 OCTOBER 2019

Application for approval of the Whittlesea City Council Enterprise Agreement No. 9 (2019).

1. An application has been made for approval of an enterprise agreement known as the Whittlesea City Council Enterprise Agreement No. 9 (2019) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Whittlesea City Council T/A City of Whittlesea. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. The Australian Municipal, Administrative, Clerical and Services Union, 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) I note that the Agreement covers the organisations.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 7.7 - Abandonment of employment

·           Clause 12.6 - Personal Leave

·           Clause 12.9.4 - Carers Leave

·           Clause 12.24 - Public Holidays

·           Schedule 9, Clause 15 - Redundancy Entitlements

·           Schedule 11, Clause 4.1 - Provisions applying to full time and part time employees

However, noting clause 3.3.1 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2019. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

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Annexure A