Barkly Regional Council
[2025] FWCA 2940
•2 SEPTEMBER 2025
| [2025] FWCA 2940 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Barkly Regional Council
(AG2025/2525)
BARKLY REGIONAL COUNCIL ENTERPRISE AGREEMENT 2024.
| Local government administration | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 2 SEPTEMBER 2025 |
Application for approval of the the Barkly Regional Council Enterprise Agreement 2024.
An application has been made by Barkly Regional Council (Applicant) for approval of an enterprise agreement known as the Barkly Regional Council Enterprise Agreement 2024 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met.
Sections 186(2)(d) requires the Commission to be satisfied the Agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.
Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.
A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.
Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.
The United Workers Union (UWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the UWU.
The Agreement was approved on 2 September 2025 and will operate from 9 September 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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