Whitehorse City Council

[2025] FWCA 2612

[2025] FWCA 2612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Whitehorse City Council

(AG2025/2190)

WHITEHORSE CITY COUNCIL ENTERPRISE AGREEMENT 2025

Local government administration
COMMISSIONER TRAN	MELBOURNE, 6 AUGUST 2025

Application for approval of the Whitehorse City Council Enterprise Agreement 2025

1. Whitehorse City Council has applied for approval of an enterprise agreement known as the Whitehorse City Council Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. Clause 5 of the Agreement gives precedence to the NES, 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 Municipal, Administrative, Clerical and Services Union (ASU), Australian Nursing and Midwifery Federation (ANMF), and the Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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 13 August 2025.

1. In accordance with clause 2, the nominal expiry date of the Agreement is 13 August 2028.

Variation under s 218A

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

1. I determined to vary the Agreement on application by the employer. The errors were:

   ·   Various typographical errors

   ·   Formatting errors

   ·   Matters that were agreed during bargaining but were not included in the final version of the Agreement that employees were asked to vote on.

1. The Applicant provided an amended copy of the Agreement, with only the identified changes, and submissions about the errors. The unions were provided with an opportunity to provide their views about the variation application. I did not receive any submissions that opposed the variation application.

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 13 August 2025. The nominal expiry date of the Agreement as varied is 13 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529964  PR790408>

ANNEXURE A