Application for approval of the Meander Valley Council Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Meander Valley Council Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Meander Valley Council. The Agreement is a single enterprise agreement.

Interaction with the National Employment Standards

[2] Clause 5(2) of the Agreement provides that where there is an inconsistency between this Agreement and the National Employment Standards (NES) and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 87(2) of the agreement provides that an employee is not entitled to redundancy pay where they have refused acceptable alternative employment. However, s 120 of the Act provides that it is only by Order of the Commission that redundancy pay can be reduced in these circumstances. This provision will prevail by operation of the NES precedence clause, and thus the clause will not prevent approval of the Agreement.

[3] On the basis of the material filed in support of the application 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.

[4] The Australian Municipal, Administrative, Clerical and 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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