CLARENCE CITY COUNCIL ENTERPRISE AGREEMENT #12/2025

Application for approval of the Clarence City Council Enterprise Agreement #12/2025

[1] An application has been made for approval of an enterprise agreement known as the Clarence City Council Enterprise Agreement #12/2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Burles Consulting Pty Ltd which is a bargaining representative for the employer covered by the Agreement, Clarence City Council. The Agreement is a single enterprise agreement.

[2] Clarence City Council 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ASU.

[6] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 July 2029.

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