Yarra Ranges Shire Council

Case

[2013] FWCA 4042

21 JUNE 2013

No judgment structure available for this case.

[2013] FWCA 4042

FAIR WORK COMMISSION

DECISION

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

Yarra Ranges Shire Council
(AG2013/6792)

YARRA RANGES SHIRE COUNCIL ENTERPRISE AGREEMENT 2013

Local government administration

DEPUTY PRESIDENT SMITH

MELBOURNE, 21 JUNE 2013

Application for approval of the Yarra Ranges Shire Council Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Yarra Ranges Shire Council Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Yarra Ranges Shire Council. The Agreement is a single-enterprise agreement.

[2] I note at this stage that I did receive an anonymous letter drawing attention to certain provisions of the Agreement. I will not identify those provisions as they may identify the writer of the letter. However, I have considered the concerns of this person and examined the fairly chosen criteria as well as the better off overall test under the Act.

[3] Whilst I understand the concerns they do not give rise to a reason for refusal under the Act.

[4] 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.

[5] The Australian Nursing Federation, the Australian Municipal, Administrative, Clerical and Services Union 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) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2013. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

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