Gannawarra Shire Council

[2025] FWCA 2725

[2025] FWCA 2725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Gannawarra Shire Council

(AG2025/2540)

GANNAWARRA SHIRE COUNCIL ENTERPRISE BARGAINING AGREEMENT - NO 11 (2025)

Local government administration
COMMISSIONER REDFORD	MELBOURNE, 19 AUGUST 2025

Application for approval of the Gannawarra Shire Council Enterprise Bargaining Agreement - No 11 (2025)

1. An application has been made for approval of an enterprise agreement known as Gannawarra Shire Council Enterprise Bargaining Agreement - No 11 (2025) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gannawarra Shire Council. The Agreement is a single enterprise agreement.

Undertakings

1. In response to several issues raised with Gannawarra Shire Council in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I have sought the views of each person known to be bargaining representative for the agreement. 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. The undertakings relate to:  

a.Annualised salaries – reconciliation and other safeguards

b.Casual employees – special engagement

c.Hall keepers – spread of ordinary hours

d.Maximum attendance days for teachers

e.Shift work – physical / community services employees –clause 7.17 of the agreement to be read as deleted

Interaction with the National Employment Standards

1. Clause 4 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 22.2 – deduction / withholding of monies due on termination 

Consideration

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) and Australian Nursing and Midwifery Federation (ANMF) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the ASU and ANMF.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A

ANNEXURE A