Application for approval of the Monash City Council Enterprise Agreement No. 11, 2025

[1] Monash City Council (the Employer) has made an application for approval of a single-enterprise agreement known as the Monash City Council Enterprise Agreement No. 11, 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Section 218A Variation

[2] The Agreement lodged contained several errors, defects or irregularities including relating to clause referencing and titling of the Agreement, as well as the inclusion of an updated schedule of wage rates at Clause 7.3 of Appendix 7. The Employer provided submissions that there had been an error in the formula used to calculate the pay rates in Appendix 7. I am satisfied that this application was made by an employer covered by the Agreement as required by s.218A(2) and that these errors are obvious errors, defects or irregularities within the meaning of s.218A(1). I amend the Agreement accordingly pursuant to s.218A of the Act. A summary of the variations is attached in Annexure B.

[3] I note that some provisions of the Agreement, being clause 5.7 (Bereavement and compassionate leave) and 5.8.5(a)(ii) (Notification and evidence - personal leave) may be inconsistent with the National Employment Standards (NES). However, clause 1.4 (Interpretation of Agreement and Parties Bound) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

[4] 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.

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

[6] The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Nursing and Midwifery Federation (ANMF).

[7] The Australian Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Municipal, Administrative, Clerical and Services Union (ASU).

[8] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers The Association of Professional Engineers, Scientists and Managers, Australia (APESMA).

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

Printed by authority of the Commonwealth Government Printer

• Clause 5.5 - Add wording: "Where an employee has exhausted the paid portion of Gender Affirmation Leave, they will be entitled to up to 52 weeks of unpaid leave."

• Clause 5.7 - Replace reference to 'clause 5.9.2 b' with 'clause 5.8.2 b' in both instances. The clause should read "...if a member of their household or immediate family (as defined in clause 5.8.2 b)" and "a. the person being either a member of the Employee's household or immediate family (as defined in clause 5.8.2 b)".

• Clause 5.8.1 - Replace 'Personal/Carer's Leave' with 'Personal Leave'. The clause should read "The following Personal Leave entitlements apply (pro-rata to part-time employees) inclusive of the employee's NES entitlement:".

• Clause 5.8.1.a - Replace 'Personal/Carer's Leave' with 'Personal Leave'. The clause should read "For each year of service with the Council, an employee is entitled to 12 days (91.2 hours) of paid personal leave - except for Nurses and Child Care Workers". Correct formatting so "personal leave - except for Nurses and Child Care Workers" appears on the same line as "hours) of paid".

• Clause 6.13.3 - Replace 'email' with 'animal'. The clause should read "Sheep and animals or similar size".

• Appendix 7: Aquatics, Clause 7.3 - Delete existing table and insert new table with updated sessional rates of pay.