Application for approval of the Golden Plains Shire Council Enterprise Agreement 2025 No 10

[1] An application has been made for approval of an enterprise agreement known as the Golden Plains Shire Council Enterprise Agreement 2025 No 10 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golden Plains Shire Council. The Agreement is a single enterprise agreement.

[2] I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a letterhead. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

[3] 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.

[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] I observe that clauses 6.4(k) and 10.2.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.1 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] The Australian Nursing and Midwifery Federation, the Australian Municipal, Administrative, Clerical and Services Union, and The Association of Professional Engineers, Scientists and Managers, Australia, each being a bargaining representative for the Agreement, have each 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 these organisations.

[7] The Agreement is approved and in accordance with s.54, will operate from 27 January 2026. The nominal expiry date of the Agreement is 20 January 2029.

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