Wodonga City Council

[2025] FWCA 805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Wodonga City Council

(AG2025/351)

WODONGA COUNCIL ENTERPRISE AGREEMENT 2024 TO 2027

Local government administration
COMMISSIONER TRAN	MELBOURNE, 4 MARCH 2025

Application for variation of the Wodonga Council Enterprise Agreement 2024 to 2027 (Agreement)

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 first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities

Wodonga City Council applied to vary the Wodonga Council Enterprise Agreement 2024 to 2027, identifying the following matters:

1.Typographical errors in the table clause 2 of Part B of the Agreement relating to timing of pay increases;

2.Typographical error regarding numbering and formatting in clause 72.7 (superannuation); and

3.Administrative error which would re-insert Clause 57A Volunteering Program

I sought the views of the unions that are covered by the Agreement, the Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Australian Nursing and Midwifery Federation (ANMF). The ASU did not provide a view. The ANMF are supportive of the proposed variation.

The Council provided an amended copy of the Agreement, with only the amendments identified above.

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 commenced operation, which was 6 February 2025.

The original version of the Agreement was approved on 30 January 2025 and is attached.

The Agreement attached to this Decision is the Agreement as varied, including undertakings, and will operate from 6 February 2025.

In accordance with clause 3, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Wodonga City Council and its employees, who sought to vary the terms of the Enterprise Agreement for the period 2024 to 2027. The employees argued that the existing agreement did not adequately address their wage increases, superannuation contributions, and other employment benefits. The dispute was brought before the Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements under the Fair Work Act 2009.

The legal issues at the heart of this case centred on whether the proposed changes to the Agreement were consistent with the provisions of the Fair Work Act and whether the changes were in line with the principles of good faith bargaining and the enterprise's financial capacity. The Fair Work Commission needed to determine if the proposed variations would lead to improved terms and conditions for the employees without adversely affecting the Council's ability to perform its duties.

In reaching its decision, the Fair Work Commission assessed the submissions from both parties, taking into account the economic circumstances of the enterprise, the principles of enterprise bargaining, and the need for a fair and reasonable agreement. The Commission concluded that the proposed changes were necessary to ensure that the employees received fair compensation and benefits, and that the variations did not place an undue burden on the Council. The Commission acknowledged the importance of maintaining a harmonious workplace and found that the proposed changes were in the best interests of both the employees and the Council.

The Fair Work Commission subsequently issued its orders, approving the variation of the Wodonga Council Enterprise Agreement 2024 to 2027. The approved changes included adjustments to wages, superannuation contributions, and other employment benefits, as requested by the employees. The decision reflects the Commission's commitment to facilitating fair and reasonable enterprise agreements that balance the needs of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established