Application for approval of the Glenelg Shire Council Enterprise Agreement No 9 - 2024

[1] Glenelg Shire Council (ABN: 48 217 289 490) has applied for approval of an enterprise agreement known as the Glenelg Shire Council Enterprise Agreement No 9 - 2024 under s 185 of the Fair Work Act 2009.

[2] The Agreement is a single enterprise agreement

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 37.10(a) - Personal / Carer's Leave

• Clause 28.2 - Termination

[4] Clause 5.3 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.

[5] 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.

[6] 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.

[7] The Australian Municipal, Administrative, Clerical and Services Union (ASU); the Association of Professional Engineers, Scientists and Managers, Australia (APESMA); and the Australian Nursing and Midwifery Federation (ANMF) have lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 July 2025.

[9] In accordance with clause 4.1, the nominal expiry date of the Agreement is 30 June 2027.

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