Wodonga City Council T/A Wodonga Council

[2019] FWCA 1685

[2019] FWCA 1685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wodonga City Council T/A Wodonga Council
(AG2018/4725)

WODONGA COUNCIL ENTERPRISE AGREEMENT 2018 TO 2021

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 15 MARCH 2019

Application for approval of the Wodonga Council Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wodonga Council Enterprise Agreement 2018 to 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wodonga City Council T/A Wodonga Council. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Part B, clause 36.1.1 which defines a child for the purpose of parental leave as a child under school age.

•  Part B, clause 36.2.2 which provides employees with an entitlement to simultaneous leave of one week for maternity and paternity leave and an entitlement of up to three weeks for adoption leave.

•  Part B, clause 37.5.4 which provides that an employee must not take carer's leave where another person has taken leave to care for the same person. 

•  Part C, clause 41.1.1 which provides that employees are entitled to 152 hours of annual leave.

However, noting Clause 5.2.1 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A