Yarra Ranges Shire Council T/A Yarra Ranges Council

[2021] FWCA 6936

[2021] FWCA 6936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Ranges Shire Council T/A Yarra Ranges Council
(AG2021/7989)

YARRA RANGES COUNCIL (CONSOLIDATED)
ENTERPRISE AGREEMENT 2021

Local government administration
DEPUTY PRESIDENT YOUNG	MELBOURNE, 1 DECEMBER 2021

Application for approval of the Yarra Ranges Council (Consolidated) Enterprise Agreement 2021

[1] Yarra Ranges Shire Council T/A Yarra Ranges Council (the Employer) has made an application for approval of an enterprise agreement known as the Yarra Ranges Council (Consolidated) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has requested that the Commission exercise the discretion available to it under s 586(a) of the Act to allow a correction or amendment to the proposed Agreement. The correction involves an amendment to the title clause at clause 1.1 of the Agreement. The Employer submits that clause 1.1 of the Agreement incorrectly refers to the Agreement as the Yarra Ranges Shire Council Enterprise Agreement 2019, however should read Yarra Ranges Council (Consolidated) Enterprise Agreement 2021. This is consistent with the front page of the Agreement and the NERR provided to employees which refer to the Agreement as the Yarra Ranges Council (Consolidated) Enterprise Agreement 2021.

[3] I am satisfied that it is appropriate for the Commission to exercise the discretion available to it to correct the Agreement in the manner proposed on the basis that the correction is administrative in nature only, and simply to ensure the Agreement accurately reflects what was agreed to and approved by the parties and the employees who voted to approve the Agreement.

[4] The Employer has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.

[5] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[7] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[9] The Australian Nursing and Midwifery Federation and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[10] The Agreement was approved on 1 December 2021 and, in accordance with s 54, will operate from 8 December 2021. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514112  PR736361>

Annexure A