austlii:cth/FWCA/2025/3248
General information, not legal advice.
FWCA
2025-09-25
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Shire Of Towong Trading AS Towong Shire Council
Application for approval of the Towong Shire Council Enterprise Agreement 2025
[1] Towong Shire Council has applied for approval of an enterprise agreement known as the Towong Shire Council Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] Clause 1.4 of the Agreement gives precedence to the National Employment Standards, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Employer has provided written undertakings. 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.
[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[6] The Australian Nursing and Midwifery Federation (ANMF) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 October 2025.
[8] In accordance with clause 1.3, the nominal expiry date of the Agreement is 31 October 2028.
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