Shire Of Towong Trading AS Towong Shire Council

Case •

[2025] FWCA 3248

•

25 SEPTEMBER 2025
[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

  1. 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).

  1. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

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

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

COMMISSIONER

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