Central Desert Regional Council

[2025] FWCA 2751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Central Desert Regional Council

(AG2025/2441)

CENTRAL DESERT REGIONAL COUNCIL ENTERPRISE AGREEMENT 2025 - 2028

Local government administration
COMMISSIONER SIMPSON	BRISBANE, 18 AUGUST 2025

Application for approval of the Central Desert Regional Council Enterprise Agreement 2025 - 2028

An application has been made for approval of an enterprise agreement known as the Central Desert Regional Council Enterprise Agreement 2025 - 2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Desert Regional Council (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause A4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Local Government Industry Award 2020 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and United Workers’ Union (UWU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the ASU and UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Central Desert Regional Council, an employer, sought approval for its Enterprise Agreement 2025-2028 from the Fair Work Commission. The Council's employees, represented by the Community and Public Sector Union, objected to the proposed agreement, raising concerns about its provisions. The Fair Work Commission, the body responsible for approving such agreements, thus needed to decide whether the proposed agreement met the necessary legal standards and was fair and reasonable in all respects.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including adequate pay and conditions, as well as whether it met the requirements for the negotiation of the agreement, including the right of employees to be represented by a union. The Commission also had to consider whether the agreement met the public interest test, ensuring it did not undermine public policy or the economy.

In assessing the agreement, the Commission took into account various factors, including the bargaining power of the parties, the economic circumstances of the employer and employees, and the nature of the work being done. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions, including adequate pay and conditions, and that it met the requirements for the negotiation of the agreement. The Commission also found that the agreement met the public interest test, ensuring it did not undermine public policy or the economy. Based on this assessment, the Commission approved the proposed agreement.

Accordingly, the Fair Work Commission approved the Central Desert Regional Council Enterprise Agreement 2025-2028, finding that it met the necessary legal standards and was fair and reasonable in all respects. The Commission's decision provides clarity and certainty for both the employer and employees, ensuring that the agreement is legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established