City Of Greater Geelong T/A The Greater Geelong City Council

[2025] FWCA 534

[2025] FWCA 534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

City Of Greater Geelong T/A The Greater Geelong City Council

(AG2024/5168)

CITY OF GREATER GEELONG ENTERPRISE AGREEMENT (NO. 12) 2024

Local government administration
COMMISSIONER MIRABELLA	MELBOURNE, 11 FEBRUARY 2025

Application for approval of the City of Greater Geelong Enterprise Agreement (No.12) 2024

1. City of Greater Geelong Trading As The Greater Geelong City Council (the Employer) has made an application for approval of an enterprise agreement known as the City of Greater Geelong Enterprise Agreement (No. 12) 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 26 April 2024 and the Agreement was made on 10 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement. 

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES): 

·   Clause 6.4.1(d): Personal/Carer’s Leave

·   Clause 6.5(e): Compassionate Leave

·   Clause 7.1.1(g): Redundancy

·   Clause 7.3: Abandonment  

1. However, noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation, the Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have each given notice under s 183 of the FW Act that they want the Agreement to cover them. In accordance with s 201(2) (and based on the declarations provided by the organisations), I note that the Agreement covers the organisations.

1. The Agreement was approved and, in accordance with s.54, will operate from 18 February 2025. The nominal expiry date of the Agreement is 30 June 2027.  

COMMISSIONER

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Annexure A