Hindmarsh Shire Council

[2025] FWCA 2500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hindmarsh Shire Council

(AG2025/2327)

HINDMARSH SHIRE COUNCIL ENTERPRISE AGREEMENT NO 11

2025

Local government administration
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 31 JULY 2025

Application for approval of the Hindmarsh Shire Council Enterprise Agreement No 11 2025

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

The Applicant has identified minor typographical errors in the Agreement and requests that the Commission correct or amend these errors pursuant to s.586 of the Act. The errors are:

(a) Clause 9.3 should refer to Clause 44.
(b) Clause 42.6.4 should refer to Clause 42.
(c) Clause 44.3 should refer to Clause 45.
(d) Clause 45.1 should refer to Clause 44.
(e) Clause 45.6 should refer to Clause 45.
(f) Clause 58.20.1 should refer to Clause 42.
(g) Clause 58.21.1 should refer to Clause 44.

The bargaining representatives have not objected to the Agreement being corrected or amended in the terms sought by the Applicant. In the circumstances, I am satisfied that the proposed corrections are in relation to obvious errors and accordingly I amend the Agreement in the terms sought by the Applicant.

Clause 42.2 of the Agreement states that an employee is entitled to accrue 20 days of annual leave, inconsistent with s.87(1) of the Act which specifies annual leave in weeks. I note that in accordance with the National Employment Standards (NES) precedence term in Clause 5.4 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

The Applicant provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Appendix 4 of 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.

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 & Services Union (ASU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the ASU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Hindmarsh Shire Council applied for approval of their Enterprise Agreement No 11 2025. The Fair Work Commission (FWC) was required to determine whether the application complied with the relevant provisions of the Fair Work Act 2009 (Cth). The FWC examined whether the agreement met the statutory requirements for approval, including the provision of necessary information, the adherence to the good faith bargaining process, and the agreement's compliance with the relevant industrial instruments. The FWC was also tasked with considering any submissions from interested parties, including employees and the council, to ensure a balanced and fair outcome.

The primary legal issue before the FWC was whether the proposed agreement met all statutory criteria for approval under the Fair Work Act. This involved an assessment of whether the agreement provided the required information, adhered to the good faith bargaining process, and aligned with applicable industrial instruments. Additionally, the FWC needed to weigh any relevant submissions from interested parties to determine if the agreement was fair and reasonable. The FWC also needed to ensure that the agreement did not contravene any relevant provisions of the Fair Work Act.

The FWC found that the application complied with all statutory requirements. The agreement included the necessary information and demonstrated adherence to the good faith bargaining process. The FWC considered the submissions from the interested parties and found that the proposed agreement was fair and reasonable. The FWC concluded that the agreement did not contravene any relevant provisions of the Fair Work Act and approved the Hindmarsh Shire Council Enterprise Agreement No 11 2025. The FWC noted that the agreement provided for a fair and reasonable outcome for all parties involved, including the employees and the council.

The FWC approved the Hindmarsh Shire Council Enterprise Agreement No 11 2025, effective from 1 July 2025. The FWC determined that the agreement met all statutory requirements for approval under the Fair Work Act and found it to be fair and reasonable. The FWC also noted that the agreement provided for a fair and reasonable outcome for all parties involved, including the employees and the council. The approval of the agreement ensures that the Hindmarsh Shire Council and its employees can operate under the terms of the new agreement, which will govern their relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established