Shire Of Towong Trading AS Towong Shire Council

[2025] FWCA 3248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Shire Of Towong Trading AS Towong Shire Council

(AG2025/3022)

TOWONG SHIRE COUNCIL ENTERPRISE AGREEMENT 2025

Local government administration
COMMISSIONER TRAN	MELBOURNE, 25 SEPTEMBER 2025

Application for approval of the Towong Shire Council Enterprise Agreement 2025

Towong Shire Council has applied for approval of an enterprise agreement known as the Towong Shire Council Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

Clause 1.4 of the Agreement gives precedence to the National Employment Standards, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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.

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.

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 the unions.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 October 2025.

In accordance with clause 1.3, the nominal expiry date of the Agreement is 31 October 2028.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The applicants, the Shire of Towong Trading as Towong Shire Council, sought approval for the Towong Shire Council Enterprise Agreement 2025. The application was brought before the Fair Work Commission, where the applicant argued that the agreement met the necessary statutory requirements and was in the best interests of the employees and the council. The applicants sought to have the agreement approved in accordance with the Fair Work Act 2009.

The legal issues that the commission had to address were whether the agreement was a genuine enterprise agreement and whether it complied with the statutory requirements under the Fair Work Act. Specifically, the commission had to determine if the agreement contained all the prescribed terms and conditions, and whether it was in the best interests of the employees and the council. The commission also had to consider whether the agreement was negotiated in good faith and whether it provided for a streamlined dispute resolution process.

The commission found that the agreement met the necessary statutory requirements and was in the best interests of the employees and the council. The commission determined that the agreement was a genuine enterprise agreement and contained all the prescribed terms and conditions. The commission also found that the agreement was negotiated in good faith and provided for a streamlined dispute resolution process. The commission approved the agreement, finding that it was fair and reasonable and met the statutory requirements under the Fair Work Act.

The commission made an order approving the Towong Shire Council Enterprise Agreement 2025 as a registered agreement. The order was made on the basis that the agreement met the necessary statutory requirements and was in the best interests of the employees and the council. The agreement was registered as a certified agreement, which means that it has the full force of law and cannot be challenged in court by employees or employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established