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austlii:cth/FWCA/2025/2809
General information, not legal advice.
FWCA
2025-08-22
Original judgment source is linked above.
s.185 - Enterprise agreement
Application for approval of the Sorell Council Enterprise Agreement 2025
[1] Sorell Council (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the _Sorell Council Enterprise Agreement 2025_ (the Agreement).
[2] The Australian Municipal, Administrative, Clerical & Services Union 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 organisation.
[3] The following provisions may be inconsistent with the National Employment Standards (NES):
Clause 36.1(b) of the Agreement appears to allow the Employer to withhold monies on termination including NES entitlements in certain circumstances.
[4] The Employer has submitted that clause 36.1(b) is intended to operate subject to NES, and, noting clause 3.3(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] I am satisfied that the Agreement meets the better off overall test. Clause 4.7(b) of the Agreement provides that 'Trainee rates of pay will be determined in accordance with Schedule E of the Miscellaneous Award 2020, as per the Local Government Award 2020'. However, Trainees are better off overall under the Agreement because they will receive the annual rate increase set out in clause 12.2(b) of the Agreement and other above award entitlements (clause 4.7(c) and (d) of the Agreement).
[6] I am satisfied that each of the requirements of ss.186, 187, and 188 as are relevant to this application for approval have been met.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2025, notwithstanding the date specified in clause 3.1(a)(ii) of the Agreement. The nominal expiry date of the Agreement is 30 June 2028.
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