Buloke Shire Council T/A Buloke Shire Council

Case

[2025] FWCA 68

9 JANUARY 2025


[2025] FWCA 68

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Buloke Shire Council T/A Buloke Shire Council

(AG2024/4972)

BULOKE SHIRE COUNCIL ENTERPRISE AGREEMENT NO. 8 – 2024

Local government administration

DEPUTY PRESIDENT O'NEILL

MELBOURNE, 9 JANUARY 2025

Application for approval of the Buloke Shire Council Enterprise Agreement No. 8 - 2024

  1. An application has been made for approval of an enterprise agreement known as the Buloke Shire Council Enterprise Agreement No. 8 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buloke Shire Council T/A Buloke Shire Council. The Agreement is a single enterprise agreement.

  1. 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.

  1. The employer did not provide the employees with the Notice of Representational Rights within 14 days after receiving a request under s.173(2) from the Australian Municipal, Administrative, Clerical and Services Union to commence bargaining. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.173(3). I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act. 

  1. The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative 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 organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2025. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE527533  PR783100>

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