Bass Coast Shire Council
[2025] FWCA 412
•31 JANUARY 2025
| [2025] FWCA 412 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bass Coast Shire Council
(AG2025/20)
BASS COAST SHIRE COUNCIL ENTERPRISE BARGAINING AGREEMENT 2024
| Local government administration | |
| COMMISSIONER JOHNS | MELBOURNE, 31 JANUARY 2025 |
Application for approval of the Bass Coast Shire Council Enterprise Bargaining Agreement 2024
An application has been made for approval of an enterprise agreement known as the Bass Coast Shire Council Enterprise Bargaining Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bass Coast Shire Council. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
An assessment of the Agreement has identified clauses that may be inconsistent with the National Employment Standards (NES). In particular, the terms relating to:
a)Clause 10.1.5: Compassionate leave; and
b)Appendix C: Redundancy.
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause (Clause 5(c)), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
The Australian Municipal, Administrative, Clerical and Services Union (ASU) and Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives for the Agreement, 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 the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2025. The nominal expiry date of the Agreement is 30 September 2027.
COMMISSIONER
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