Application for approval of the Baw Baw Shire Council Enterprise Agreement 2025 (No. 11)

[1] Baw Baw Shire Council (the Employer) has made an application for approval of an enterprise agreement known as the Baw Baw Shire Council Enterprise Agreement 2025 (No. 11) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

• Clause 10.3.5 - Casual conversion

[4] However, noting clause 5.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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) being bargaining representatives for the Agreement, have each given notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) (and based on the declaration provided by each organisation), I note that the Agreement covers these organisations. The Australian Education Union (AEU) being a bargaining representative for the Agreement have given notice that they do not want the Agreement to cover them.

[6] The Agreement is approved and, in accordance with s.54, will operate from 25 February 2026. The nominal expiry date of the Agreement is 31 December 2028.

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