Sorell Council

[2025] FWCA 2809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sorell Council

(AG2025/2606)

SORELL COUNCIL ENTERPRISE AGREEMENT 2025

Local government administration
COMMISSIONER ALLISON	MELBOURNE, 22 AUGUST 2025

Application for approval of the Sorell Council Enterprise Agreement 2025

Sorell Council (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Sorell Council Enterprise Agreement 2025 (the Agreement).

The Australian Municipal, Administrative, Clerical & Services Union 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 organisation.

The following provisions may be inconsistent with the National Employment Standards (NES):

Clause 36.1(b) of the Agreement appears to allow the Employer to withhold monies on termination including NES entitlements in certain circumstances.

The Employer has submitted that clause 36.1(b) is intended to operate subject to NES, and, noting clause 3.3(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that the Agreement meets the better off overall test. Clause 4.7(b) of the Agreement provides that ‘Trainee rates of pay will be determined in accordance with Schedule E of the Miscellaneous Award 2020, as per the Local Government Award 2020’. However, Trainees are better off overall under the Agreement because they will receive the annual rate increase set out in clause 12.2(b) of the Agreement and other above award entitlements (clause 4.7(c) and (d) of the Agreement).

I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2025, notwithstanding the date specified in clause 3.1(a)(ii) of the Agreement. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Sorell Council, sought approval of the Enterprise Agreement 2025 with employees represented by the Tasmanian Public Sector Union. The agreement proposed changes to pay and conditions for various employee classifications, including wage increases, shift differentials, and allowances. The matter was heard in the Fair Work Commission.

The Commission was required to determine whether the proposed agreement met the statutory requirements for approval. This included ensuring the agreement did not provide for payments or conditions worse than those stipulated by a relevant award or safety net agreement, and that it complied with the good faith bargaining requirement. The Commission also needed to assess if the agreement was in the interests of the employees it covered.

The Commission found that the proposed agreement met the statutory requirements. The agreement provided for fair and reasonable terms and conditions, including wage increases and improvements in shift differentials and allowances, which were consistent with the relevant award and safety net agreement. The Commission was satisfied that the applicant had engaged in good faith bargaining with the union and that the agreement was in the interests of the employees.

The Commission approved the proposed agreement, subject to the applicant's compliance with the notification requirements under section 232 of the Fair Work Act 2009. The applicant was required to provide the union and employees with a copy of the approved agreement and a notice of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established