Flinders Council [2025] FWCA 1500 (6 May 2025)

[1] An application has been made for approval of an enterprise agreement known as the Flinders Council Enterprise Agreement 2024 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flinders Council. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Clause 4 of the Agreement contained a typographical error where it referenced the Award. This has been corrected by removing "National" before the words "Local Government Industry Award 2020 [MA000112]." I am satisfied that this constituted an obvious error, defect or irregularity and I amend the Agreement accordingly pursuant to s.218A of the Act.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 13 May 2025. The nominal expiry date of the Agreement is 30 September 2026.

Printed by authority of the Commonwealth Government Printer

Annexure A