Central Desert Regional Council

Case

[2025] FWCA 2751

18 AUGUST 2025


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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

COMMISSIONER

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