Wodonga City Council

[2025] FWCA 358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Wodonga City Council

(AG2024/5252)

WODONGA COUNCIL ENTERPRISE AGREEMENT 2024 TO 2027

Local government administration
COMMISSIONER TRAN	MELBOURNE, 30 JANUARY 2025

Application for approval of the Wodonga Council Enterprise Agreement 2024 to 2027

Wodonga City Council has applied for approval of an enterprise agreement known as Wodonga Council Enterprise Agreement 2024 to 2027 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

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 Municipal, Administrative, Clerical and Services Union (ASU) and the Australian Nursing and Midwifery Federation (ANMF) 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 ASU and ANMF.

The Agreement is approved and, in accordance with s 54 of the Act, 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 Fair Work Commission considered an application by the Wodonga City Council for the approval of the Wodonga Council Enterprise Agreement 2024 to 2027 under section 185 of the Fair Work Act 2009. The agreement was proposed as a single enterprise agreement covering employees within the local government administration. The application was filed under the reference AG2024/5252. The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Australian Nursing and Midwifery Federation (ANMF) had lodged statutory declarations indicating their intention for the agreement to cover their members.

The court was tasked with determining whether the agreement met the statutory requirements for approval as set out in sections 186, 187, and 188 of the Fair Work Act. Specifically, the court had to assess whether the agreement was fair and balanced, whether it provided for the proper protection of employees' rights, and whether it complied with the provisions for the protection of employees who are not members of a union. Additionally, the court examined whether the employer's written undertakings would result in any financial detriment to the employees or substantial changes to the agreement.

Commissioner Tran concluded that the Wodonga City Council had fulfilled all the necessary requirements for the approval of the agreement. The Commissioner was satisfied that the employer's written undertakings would not cause financial detriment to any employee nor would they result in substantial changes to the agreement. Commissioner Tran accepted the undertakings as a term of the agreement. The Commissioner also noted that the ASU and ANMF had declared their intent for the agreement to cover their members, as required by section 201(2) of the Act. Accordingly, the agreement was approved and will operate from 6 February 2025, with a nominal expiry date of 30 June 2027 as specified in clause 3 of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established