Yarriambiack Shire Council T/A Yarriambiack Shire Council

[2024] FWCA 2856

[2024] FWCA 2856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Yarriambiack Shire Council T/A Yarriambiack Shire Council

(AG2024/2309)

YARRIAMBIACK SHIRE COUNCIL CONSOLIDATED ENTERPRISE AGREEMENT NUMBER (10) 2024

Local government administration
COMMISSIONER TRAN	MELBOURNE, 2 AUGUST 2024

Application for approval of the Yarriambiack Shire Council Consolidated Enterprise Agreement Number (10) 2024

1. Yarriambiack Shire Council T/A Yarriambiack Shire Council has applied for approval of an enterprise agreement known as the Yarriambiack Shire Council Consolidated Enterprise Agreement Number (10) 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

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. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 15 – Annual Leave may be inconsistent with s 87(1) of the Act because it does not express annual leave in weeks;

• Clauses 17.2 and 17.3 – Personal/Carers Leave provide more onerous notice requirements than s 107(2)(a) of the Act;

• Clause 18 – Compassionate Leave does not provide for circumstances relating to stillbirth or miscarriage as required by s 104(1)(c) of the Act.

1. The Agreement contains an effective NES precedence clause at Clause 3.4 of the Agreement. The Employer also provided undertakings addressing each of these issues. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Subject to the undertakings and other matters 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 Australian Municipal, Administrative, Clerical and Services Union, Australian Nursing and Midwifery Federation and the Association of Professional Engineers, Scientists and Managers, Australia were all bargaining representatives for the Agreement. Each organisation has 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 all three of the organisations.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 August 2024.

1. In accordance with Clause 3.1, the nominal expiry date of the Agreement is 12 April 2027.

COMMISSIONER

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Annexure A