[1] Dorset Council has applied for approval of an enterprise agreement known as the Dorset Council Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

I observe that clause 41.1(b) - Termination is likely to be inconsistent with the National Employment Standards. Also, 41.1(b) - Termination may provide for deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act.

[3] Clause 4.3 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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.

[5] 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.

[6] The Agreement does not contain a delegates' rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 28A of the Local Government Industry Award 2020 is taken to be a term of the Agreement.

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

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 December 2025.

[9] In accordance with clause 4.1(b), the nominal expiry date of the Agreement is 30 June 2028.

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