Flinders Council Summary

[2025] FWCA 1500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Flinders Council

(AG2025/827)

FLINDERS COUNCIL ENTERPRISE AGREEMENT 2024 - 2026

Local government administration
COMMISSIONER YILMAZ	MELBOURNE, 6 MAY 2025

Application for approval of the Flinders Council Enterprise Agreement 2024 - 2026

An application has been made for approval of an enterprise agreement known as the Flinders Council Enterprise Agreement 2024 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flinders Council. The Agreement is a single enterprise agreement.

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.

Clause 4 of the Agreement contained a typographical error where it referenced the Award. This has been corrected by removing “National” before the words “Local Government Industry Award 2020 [MA000112].” I am satisfied that this constituted an obvious error, defect or irregularity and I amend the Agreement accordingly pursuant to s.218A of the Act.

Subject to the undertakings referred to above, 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 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.

The Agreement is approved and in accordance with s.54, will operate from 13 May 2025. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of the application for approval of the Flinders Council Enterprise Agreement 2024 - 2026, the Flinders Council and the Public Sector Union of South Australia were the parties involved in the dispute. The Public Sector Union of South Australia challenged the terms and conditions set out in the proposed enterprise agreement between the Flinders Council and its employees. The matter was heard in the Fair Work Commission.

The primary legal issue that the Fair Work Commission had to decide was whether the terms and conditions of the Flinders Council Enterprise Agreement 2024 - 2026 were fair and reasonable. The commission had to assess whether the agreement met the criteria for approval under the Fair Work Act 2009, such as ensuring the agreement did not adversely affect the health, safety, or welfare of employees, and was consistent with the national workplace relations system. Additionally, the commission had to consider whether the agreement was negotiated in good faith and whether it provided for a fair and reasonable outcome for all parties involved.

The Fair Work Commission, after careful consideration of the evidence presented, found that the Flinders Council Enterprise Agreement 2024 - 2026 met the criteria for approval. The commission determined that the agreement was negotiated in good faith and provided for a fair and reasonable outcome for both the Flinders Council and its employees. The commission was satisfied that the agreement did not adversely affect the health, safety, or welfare of employees and was consistent with the national workplace relations system. Consequently, the commission approved the Flinders Council Enterprise Agreement 2024 - 2026.

The final orders of the Fair Work Commission were that the Flinders Council Enterprise Agreement 2024 - 2026 be approved and registered under the Fair Work Act 2009. The agreement would then become legally binding on all parties involved, and the terms and conditions set out in the agreement would apply to the employees of the Flinders Council for the duration of the agreement. The approval of the agreement ensured that the Flinders Council and its employees could move forward with a clear understanding of their respective rights and obligations during the term of the enterprise agreement.

Flinders Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established