Yarriambiack Shire Council

[2021] FWCA 2926

[2021] FWCA 2926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarriambiack Shire Council
(AG2021/4997)

YARRIAMBIACK SHIRE COUNCIL ENTERPRISE AGREEMENT NUMBER (9) NINE 2021

Local government administration
COMMISSIONER LEE	MELBOURNE, 20 MAY 2021

Application for approval of the Yarriambiack Shire Council Enterprise Agreement Number (9) Nine 2021.

[1] An application has been made for approval of an enterprise agreement known as the Yarriambiack Shire Council Enterprise Agreement Number (9) Nine 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yarriambiack Shire 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union, the Australian Nursing Midwifery Federation and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

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

•  Clause 7 – Notice of Termination.

•  Clause 8.3(b) – Redundancy Package.

However, noting clause 3.4 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2021. The nominal expiry date of the Agreement is 12 April 2024.

COMMISSIONER

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Annexure A