Gannawarra Shire Council Summary

[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)

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

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.

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

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

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.

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.

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

ANNEXURE A

CaseChat Overview and Summary

In the case of Gannawarra Shire Council, the applicant, the Federal Court was presented with an application for approval of the Gannawarra Shire Council Enterprise Bargaining Agreement - No 11 (2025). The Gannawarra Shire Council sought to have the agreement approved, which outlines the terms and conditions of employment for its employees. The legal issues at the heart of this case revolved around whether the proposed agreement met the necessary criteria for approval under the relevant industrial legislation. The court was tasked with determining if the agreement was fair and reasonable, and if it adhered to the requirements set forth by the Fair Work Act 2009.

The court examined various aspects of the proposed agreement, including the processes for resolving disputes, the terms of employment, and the overall fairness of the agreement. It was imperative for the court to assess whether the agreement provided adequate protection for employees and if it reflected a fair balance between the interests of the employer and the employees. The court also considered the procedural fairness in the negotiation and drafting of the agreement, ensuring that all parties had an opportunity to be heard and to participate in the process.

Upon reviewing the evidence and the arguments presented, the court determined that the proposed agreement met the criteria for approval. It found that the agreement was fair and reasonable, providing appropriate terms and conditions for the employees while also meeting the obligations of the employer. The court's decision was based on a comprehensive analysis of the content and implications of the agreement, ensuring that it complied with all relevant legal standards. Consequently, the Federal Court approved the Gannawarra Shire Council Enterprise Bargaining Agreement - No 11 (2025), allowing it to come into effect as a legally binding document.

The court's final order was to approve the Gannawarra Shire Council Enterprise Bargaining Agreement - No 11 (2025), thereby allowing the agreement to be implemented as per its terms. This decision ensures that the employees of the Gannawarra Shire Council are covered by a legally recognised agreement, which outlines their rights and obligations in the workplace. The approval of this agreement is a significant step in maintaining fair and balanced industrial relations within the council.

Gannawarra Shire Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established