Mansfield Shire Council

[2025] FWCA 275

[2025] FWCA 275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mansfield Shire Council

(AG2024/5101)

MANSFIELD SHIRE COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER PERICA	MELBOURNE, 23 JANUARY 2025

Mansfield Shire Council Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Mansfield Shire Council Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

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

·   Clause 12A.7.1(c) – Public holidays

·   Clause 13.14.3 – Personal/carer’s leave notice

·   Clause 13.15 – Compassionate leave

·   Clause 14.13 – Deductions on termination

·   Clause 14.15 – Abandonment of employment

1. However, noting clause 5(b) of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement. 

1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The Australian Nursing and Midwifery Federation and the Australian Services Union being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

1. The Agreement is approved today 23 January 2025. It will operate from 30 January 2025 as required by section 54 of the Act. The nominal expiry date is 7 November 2027.

COMMISSIONER

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Annexure A