s.252 - Application to extend single interest employer authorisation

Australian Municipal, Administrative, Clerical and Services Union

Application to extend single interest employer authorisation in B2024/840 - application granted - authorisation extended by a further period of 1 month.

• [1] On 27 November 2024, a Full Bench of the Commission made[1] a single interest employer authorisation in respect of Ararat Rural Shire Council and Central Goldfields Shire Council. By section 249(4) of the Fair Work Act 2009 (the Act), that authorisation ceases to be in operation 12 months after the authorisation was made unless it is extended under section 252 of the Act. The Australian Municipal, Administrative, Clerical and Services Union (ASU) has applied under section 252 of the Act to extend the period for which the single interest employer authorisation made on 27 November 2024 in B2024/840 is in operation, by a further period of one month. The ASU is an employee bargaining representative for the proposed agreement, and have indicated that there is a reasonable prospect that the enterprise agreement can be finalised in the additional time proposed.

• [2] The application is supported by The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and Australian Nursing and Midwifery Federation (ANMF), and the employers who are covered by the Authorisation (Ararat Rural Shire Council and Central Goldfields Shire Council), and all parties have consented to the matter being determined on the papers.

• [3] Section 252 of the Act provides as follows:

"252 Variation to extend period single interest employer authorisation is in operation

(1) A bargaining representative for a proposed enterprise agreement to which a single interest employer authorisation relates may apply to the FWC to vary the authorisation to extend the period for which the authorisation is in operation.

(2) The FWC may vary the authorisation to extend the period if the FWC is satisfied that:

(a) there are reasonable prospects that the agreement will be made if the authorisation is in operation for a longer period; and

(b) it is appropriate in all the circumstances to extend the period."

• [4] Based on the material filed with the ASU's application for the extension and the fact of the parties' consent, I am satisfied that there is a valid application and the requirements of both limbs of section 252(2) have been met. In short, an in-principle agreement between the employers and union bargaining representatives has been made and a further brief period is required to allow an agreement to be put to a vote. The extension can and should be made.

• [5] Accordingly, the extension is granted, and the Authorisation will operate until 27 December 2025.

[1] [2024] FWCFB 444 and PR781760.

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