Northern Midlands Council Summary

[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

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

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.

The undertakings relate to:

Workplace Delegates Rights
The operation of the dispute resolution term
Trainee / apprentice rates of pay
Support wage employees rates of pay
Public Holiday rates
Higher duties
Early Childhood Teachers rates of pay

Interaction with the National Employment Standards

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

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.”

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.

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, 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.

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

ANNEXURE A

The matter before the Fair Work Commission involved the Northern Midlands Council, which sought approval for its Enterprise Agreement 2025-2028. The applicant, the council, argued that the proposed agreement was necessary for maintaining fair and efficient workplace relations within the organisation. The Commission was tasked with examining the agreement to ensure it met the legal criteria for approval, including compliance with relevant industrial laws and fairness to all parties involved.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including provisions on wages, hours of work, leave, and other employment-related matters. The Commission also needed to assess if the agreement had been fairly and genuinely negotiated between the employer and the employees' representatives.

In delivering its decision, the Commission highlighted that the proposed agreement contained provisions that were fair and reasonable. The terms and conditions proposed were deemed to be consistent with the objectives of the Fair Work Act, promoting a fair and efficient workplace. The Commission noted that the agreement had been negotiated in good faith, with adequate representation from both the employer and the employees. Consequently, the Commission found that the agreement met the statutory criteria for approval and was in the best interests of the employees and the council.

As a result of the Commission's findings, the application for approval of the Northern Midlands Council Enterprise Agreement 2025-2028 was approved. The agreement was deemed to be compliant with the Fair Work Act and was thus endorsed for implementation. This decision ensures that the terms and conditions set out in the agreement will govern the employment of staff within the council for the specified period.

Northern Midlands Council

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established