[1] The West Coast 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 West Coast Council Enterprise Agreement 2025 (the Agreement).

[2] The Australian 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 agreement title included on the Notice of Employee Representational Rights (NERR) is 'West Coast Council Enterprise Agreement 2021' whereas clause 1 of the Agreement lists the title as the 'West Coast Council Enterprise Agreement 2024'. I am satisfied that this is a minor procedural or technical error and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

[4] The Agreement is silent in regard to a shiftworker definition, and does not incorporate the definition under Clause 23.2 of the Local Government Industry Award 2020 (the Award), which raises the issue of non-compliance with s.196 of the Act. The Employer provided an undertaking addressing this issue, which defines a shiftworker for the purpose of the additional week of annual leave provided for in the National Employment Standards (NES).

[5] The redundancy provision at Clause 45.7 of the Agreement may be inconsistent with the NES. Specifically, Clause 45.7 provides exemptions to redundancy pay "(viii) where Council obtains acceptable alternative employment" for employees, or where employees "(ix)...reject an offer of employment made by another Council". This is inconsistent with s120 of the Act, which provides that such circumstances merely give rise to the right to apply to the Commission to reduce the amount of redundancy pay, rather than operating to automatically exclude the employer's redundancy pay obligations.

[6] However, noting clause 4.3(c) 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.

[7] Clause 6.7 of the Agreement provides for apprentices and trainees. Clause 6.7(c) states that apprentices will be paid 5% above the Award, whereas trainees will only receive wages equal to that of the Award. As such, it is unclear how trainees can be better off overall under the Agreement. The Employer provided an undertaking that clause 6.7(d) is added to the Agreement which states that "Trainee rates of pay shall be set at 5% above the relevant minimum rates of pay for Trainees outlined in Schedule E of the Miscellaneous Award 2020".

[8] 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.

[9] Subject to the undertakings referred to above, 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.

[10] The Agreement is approved, and in accordance with s.54 of the Act and despite clause 4.1(a) of the Agreement, will operate from 24 December 2025. The nominal expiry date of the Agreement is 30 June 2027.

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