Yarra Ranges Shire Council

[2025] FWCA 436

[2025] FWCA 436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Yarra Ranges Shire Council

(AG2025/4)

YARRA RANGES COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER TRAN	MELBOURNE, 4 FEBRUARY 2025

Application for approval of the Yarra Ranges Council Enterprise Agreement 2024

1. Yarra Ranges Shire Council has applied for approval of an enterprise agreement known as Yarra Ranges Council Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

National Employment Standards

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clauses 4.6(b)(ii) and 4.6(m) – regarding Redundancy

   ·   Clause 4.10 – regarding Family and domestic violence leave

1. I note clause 1.6(h) of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Undertakings

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.

Unions

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU); the Australian Nursing and Midwifery Federation (ANMF); and the Association of Professional Engineers, Scientists and Managers Australia (APESMA) have all 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, ANMF and APESMA.

Dates of Operation

1. The Agreement is approved and, in accordance with s 54 of the Act, despite clause 1.5, will operate from 11 February 2025.

1. In accordance with clause 1.5, the nominal expiry date of the Agreement is 30 September 2027.

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, following the identification of the errors in clauses 1.6 (f); 7.2 (a); 7.4 (f); and 7.7 (d)(ii), as well as “track changes” and “comments” throughout.

1. The Applicant provided an application to vary the agreement, and an amended copy of the Agreement, with only the amendments identified above.

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 11 February 2025 and its nominal expiry date is 30 September 2027.

COMMISSIONER

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ANNEXURE A