Glenelg Shire Council

[2025] FWCA 2194

[2025] FWCA 2194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Glenelg Shire Council

(AG2025/1904)

GLENELG SHIRE COUNCIL ENTERPRISE AGREEMENT NO 9 - 2024

Local government administration
COMMISSIONER TRAN	MELBOURNE, 3 JULY 2025

Application for approval of the Glenelg Shire Council Enterprise Agreement No 9 – 2024

1. Glenelg Shire Council (ABN: 48 217 289 490) has applied for approval of an enterprise agreement known as the Glenelg Shire Council Enterprise Agreement No 9 – 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 37.10(a) – Personal / Carer’s Leave

   ·   Clause 28.2 – Termination

1. Clause 5.3 of the Agreement gives precedence to the NES and 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 Employer 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 ss186, 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. The Australian Municipal, Administrative, Clerical and Services Union (ASU); the Association of Professional Engineers, Scientists and Managers, Australia (APESMA); and the Australian Nursing and Midwifery Federation (ANMF) have 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 unions.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 July 2025.

1. In accordance with clause 4.1, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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APPENDIX A