HINDMARSH SHIRE COUNCIL ENTERPRISE AGREEMENT NO 11

Application for approval of the Hindmarsh Shire Council Enterprise Agreement No 11 2025

[1] An application has been made for the approval of an enterprise agreement known as the Hindmarsh Shire Council Enterprise Agreement No 11 2025. The application as made pursuant to s.185 of the Fair Work Act 2009 (Cth). It has been made by Hindmarsh Shire Council. The Agreement is a single enterprise agreement.

[2] The Applicant has identified minor typographical errors in the Agreement and requests that the Commission correct or amend these errors pursuant to s.586 of the Act. The errors are:

[3] The bargaining representatives have not objected to the Agreement being corrected or amended in the terms sought by the Applicant. In the circumstances, I am satisfied that the proposed corrections are in relation to obvious errors and accordingly I amend the Agreement in the terms sought by the Applicant.

[4] Clause 42.2 of the Agreement states that an employee is entitled to accrue 20 days of annual leave, inconsistent with s.87(1) of the Act which specifies annual leave in weeks. I note that in accordance with the National Employment Standards (NES) precedence term in Clause 5.4 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

[5] The Applicant provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Appendix 4 of the Agreement. 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.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Australian Municipal, Administrative, Clerical & Services Union (ASU) 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 ASU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

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