Glenelg Shire Council

[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

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.

The Agreement is a single enterprise agreement

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

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.

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.

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.

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.

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

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

APPENDIX A

CaseChat Overview and Summary

The parties in this case were the Glenelg Shire Council and the Fair Work Commission. The dispute was regarding the approval of the Glenelg Shire Council Enterprise Agreement No 9 – 2024. The Fair Work Commission was the court that heard the case. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009. Specifically, the Commission had to ensure the agreement was fair and reasonable for the employees and that it complied with the legal framework.

The central legal issues the court had to decide were whether the agreement adequately met the fairness test as stipulated by section 233 of the Fair Work Act, and whether the agreement complied with all applicable provisions of the Act, including the requirement that it not pre-empt the resolution of any existing disputes. The court also needed to consider whether the agreement provided appropriate protections for employees, including minimum entitlements and conditions.

The Fair Work Commission found that the agreement was fair and reasonable, meeting the requirements under the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it did not pre-empt any existing disputes. The Commission also observed that the agreement included appropriate protections for employees, ensuring that minimum entitlements were met. After reviewing all submissions and evidence, the Commission concluded that the agreement was compliant with the Act and approved it accordingly.

The final orders of the Fair Work Commission were that the Glenelg Shire Council Enterprise Agreement No 9 – 2024 be approved and registered as a registered agreement under the Fair Work Act. This decision effectively validated the agreement, allowing it to come into effect and be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established