Application for approval of the Campaspe Shire Council Enterprise Agreement 2025

[1] the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Campaspe Shire Council Enterprise Agreement 2025 (the Agreement).

[2] The Australian Municipal, Administrative, Clerical and Services Union - Victorian and Tasmanian Authorities and Services Branch (ASU) and the Australian Nursing and Midwifery Federation - Victorian Branch (ANMF) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[3] I sought further information from the Employer demonstrating whether all casual employees that were included in the voting cohort were employed at the time of the access period. I have assessed the Employer's statutory declaration, and I am satisfied that all casual employees engaged with Campaspe Shire Council at the time of the Formal Access Period were provided access to the ballot, and that casual employees who were not eligible to vote as they had not actively employed were removed from the ballot outcome.

[4] The following provisions may be inconsistent with the National Employment Standards (NES):

• In relation to personal and carer's leave, clause 25.3.1 of the Agreement states 'where an Employee is absent due to personal illness or injury (or is caring for a member of their immediate family who is ill or injured), they will notify Council as soon as possible during the first part of the working day stating the type of leave and the estimated duration of the absence'. I note that s.107 of the Act provides for notice to be given as soon as practicable, which may be a time after the first part of the working day.

• In relation to the required notice of termination, clause 44.4.2 of the Agreement states if an Employee fails to provide the required notice, Council may deduct from any monies owed to the Employee an amount equivalent to the notice period not served. I note that the source from which monies may be deducted has not been specified, which may result in the deduction of monies from accrued NES entitlement inconsistent with Part 2-2 Division 2 of the Act.

• In relation to redundancy, clause 48.5.2 of the Agreement provides that redundancy entitlements shall be paid at a rate of two weeks per year of completed service. This is inconsistent with s.119 of the Act, which provides that an employee with at least one year but less than two years continuous service is entitled to four weeks of redundancy pay. The clause does further state that employees will also receive a lump sum payment of $7,000.00 in addition to severance pay, however clause 48.4.6 states that employees who reject two reasonable redeployment job offers will be excluded from receiving the lump sum payment. These employees may receive less redundancy than the NES depending on their length of service.

[5] However, noting clause 3.3.2b of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2025. The nominal expiry date of the Agreement is 16 February 2028.

Printed by authority of the Commonwealth Government Printer