Application for approval of the Surf Coast Shire Council Enterprise Agreement No.12 (2025-2028)

[1] Surf Coast Shire Council has applied for approval of an enterprise agreement known as the Surf Coast Shire Council Enterprise Agreement No.12 (2025-2028) under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I note that the wording of the Notice of Employee Representational Rights did not accurately describe the scope of the agreement in relation to employees who would otherwise be covered by the Nurses (ANMF - Victorian Local Government) Award 2015. However, I am satisfied that this error was a minor technical error because the agreement replaces an earlier enterprise agreement that covers those employees, they were provided with the Notice and were represented by the relevant union during the bargaining. I disregard the error in accordance with s 188(5) of the Act as I am also satisfied that employees were not disadvantaged by the error.

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 5.1.3 - Personal/carer's leave notice

• Clause 5.24.5 - Public holidays that fall during unpaid personal leave

• Clause 6.4.2 - Deduction on termination

[5] Clause 1.5.2 of the Agreement gives precedence to the NES 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.

[6] 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.

[7] 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.

[8] 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.

[9] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 December 2025.

[10] In accordance with clause 1.4, the nominal expiry date of the Agreement is 31 August 2028.

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