Wyndham City Council

[2022] FWCA 2582

[2022] FWCA 2582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wyndham City Council

(AG2022/2419)

Wyndham City Council Enterprise Agreement No 9, 2022

Local government administration
COMMISSIONER O'NEILL	MELBOURNE, 2 AUGUST 2022

Application for approval of the Wyndham City Council Enterprise Agreement No 9, 2022

1. Wyndham City Council has applied for approval of an enterprise agreement known as the Wyndham City Council Enterprise Agreement No 9, 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Agreement lodged contained a typographical error at clause 17.2 where “2.3%” should read “2.0%”, and at clause 24.3.1 where the words “per week” should read “per day”. The Agreement name appearing in the footer on each page also included the words “draft consolidated”. The Employer filed an amended version of the Agreement on 1 August 2022. Pursuant to s.586 of the Act, I am satisfied that the corrections should be made and that it is appropriate to do so.

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 Association of Professional Engineers, Scientists and Managers, Australia, the Australian Municipal, Administrative, Clerical and Services Union, and the Australian Nursing and Midwifery Federation, 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 32.2.1 – Notice of termination by an employee;

·           Clause 69 – Public Holidays; and

·            Clause 83.2.3 – Redundancy.

However, noting clause 6.1 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 9 August 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A