Greater Bendigo City Council

[2025] FWCA 999

[2025] FWCA 999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Greater Bendigo City Council

(AG2025/503)

GREATER BENDIGO CITY COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER TRAN	MELBOURNE, 24 MARCH 2025

Application for approval of the Greater Bendigo City Council Enterprise Agreement 2024

1. Greater Bendigo City Council has applied for approval of an enterprise agreement known as Greater Bendigo City Council Enterprise Agreement 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 10.1.4 (a) – personal/carer’s leave, may be inconsistent with s 107 of the Act.

·   Clause 10.22.10 – public holidays, may be inconsistent with s 114 of the Act.

·   Clause 17.3.2 – severance pay, may be inconsistent with s 119 of the Act.

1. I note clause 6.4 of the Agreement, which gives precedence to the NES and 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 Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Australian Nursing and Midwifery Federation (ANMF), and the Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 APESMA, ANMF and ASU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 31 March 2025.

1. In accordance with clause 7, the nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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ANNEXURE