Application for approval of the Horsham Rural City Council Enterprise Agreement Number Eleven, 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the Horsham Rural City Council Enterprise Agreement Number Eleven, 2025-2028 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.

[3] Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[4] The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 14 October 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation, The Australian Municipal, Administrative, Clerical & Services Union and The Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement have given notice under section 183 of the Act that they want the Agreement to cover them. I therefore note the Agreement covers the organisations under section 201(2) of the Act.

[6] The Agreement is approved today 27 November 2025. It will operate from 4 December 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

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