Benalla Rural City Council Summary

[2025] FWCA 3135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Benalla Rural City Council

(AG2025/2986)

BENALLA RURAL CITY COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 17 SEPTEMBER 2025

Application for approval of the Benalla Rural City Council Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Benalla Rural City Council Enterprise 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 Benalla Rural City Council. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation, The Australian Municipal, Administrative, Clerical and Services Union, and The Association of Professional Engineers, Scientists and Managers, Australia, each being a bargaining representative 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 each organisation.

The Agreement is approved and in accordance with s.54, will operate from 24 September 2025. The nominal expiry date of the Agreement is 7 November 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Benalla Rural City Council for approval of their proposed Enterprise Agreement for the year 2024. The agreement was submitted for consideration under the Fair Work Act 2009, which mandates that enterprise agreements must meet certain criteria to be approved. The application was brought to the Commission following a negotiation process between the Council and the relevant employee representatives.

The legal issues before the Commission were primarily concerned with whether the proposed agreement met the statutory requirements for approval. This included assessing whether the agreement provided for a fair and efficient workplace, whether it included appropriate dispute resolution mechanisms, and whether it complied with the provisions regarding the minimum terms and conditions that must be included in an enterprise agreement. The Commission also needed to consider whether the agreement was made in good faith and without coercion.

After reviewing the submissions and evidence provided by both parties, the Commission found that the proposed agreement was fair and reasonable. It was noted that the agreement provided for terms and conditions that were not less favourable than the applicable award or the national employment standards. The Commission was satisfied that the agreement included adequate dispute resolution processes and that the negotiation process had been conducted in good faith. The Commission concluded that the agreement met all the statutory requirements for approval under the Fair Work Act 2009.

Accordingly, the Fair Work Commission approved the Benalla Rural City Council Enterprise Agreement 2024. The agreement is now legally binding on the Council and the relevant employees, effective from the date of approval.

Benalla Rural City Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established