Northern Midlands Council

[2025] FWCA 2817

[2025] FWCA 2817

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Northern Midlands Council

(AG2025/2711)

NORTHERN MIDLANDS COUNCIL ENTERPRISE AGREEMENT 2025-2028

Local government administration
COMMISSIONER REDFORD	MELBOURNE, 28 AUGUST 2025

Application for approval of the Northern Midlands Council Enterprise Agreement 2025-2028

1. An application has been made for approval of an enterprise agreement known as the Northern Midlands Council Enterprise Agreement 2025-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Midlands Council. The Agreement is a single enterprise agreement.

Undertakings

1. In response to several issues raised with Northern Midlands Council in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. 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. 

1. The undertakings relate to:  

1. Workplace Delegates Rights
2. The operation of the dispute resolution term
3. Trainee / apprentice rates of pay
4. Support wage employees rates of pay
5. Public Holiday rates
6. Higher duties
7. Early Childhood Teachers rates of pay

Interaction with the National Employment Standards

1. Clause 4.2 of the Agreement provides it is to be read in conjunction with the National Employment Standards (NES) and if a term is detrimental to an employee when compared to an NES entitlement, the NES entitlement prevails over the term of the Agreement to the extent of any inconsistency. (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Deductions on termination: Clause 22.2.2

b.Cashing out annual leave: Clause 27.7

c.Personal leave (evidence): Clause 28.2.2

d.Personal/carer’s & compassionate leave (notice): Clause 28.3.1 and 30.2.1

e.Community services leave (unpaid leave): Clause 33.3

f.Community services leave (jury service leave): Clause 34.1

Consideration

1. On 25 August 2025 the Commission received an email from a Mr Wem, apparently an employee who will be covered by the Agreement. The Application does not record Mr Wem as a bargaining representative. The email says:

“I just wanted to voice my concerns that the agreement may have been accepted by the majority of the workforce due to management stating that there would be no back pay. This obviously provided an unfair expectation that if they didn't accept asap they would lose money. There were also delays in the process by management and not by the representatives.”

1. I have considered this email but, having also considered the material filed in support of the application and by the bargaining representatives, I do not consider the matters raised by Mr Wem to be reasons preventing the approval of the agreement.

1. 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.

1. The Australian Municipal, Administrative, Clerical & Services Union, Victorian and Tasmanian Authorities and Services Branch (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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A