[2025] FWCA 2248
Citation: [2025] FWCA 2248
At a glance
- Employees affected
- 570
What happened
Warrnambool City Council Trading As City of Warrnambool applied to have the Warrnambool City Council Enterprise Agreement No 10 – 2025 approved. The agreement covers 570 employees, including 300 initially believed to be casual employees. An initial declaration contained an error, and it was later confirmed that 136 casual employees participated in the vote, all of whom were eligible. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commissioner approved the Warrnambool City Council Enterprise Agreement No 10 – 2025. The Commissioner was initially concerned about the eligibility of voters but found the error in the declaration did not affect the outcome. Several undertakings were provided by City of Warrnambool and are now terms of the agreement. The agreement will operate for seven days after approval, as per section 54 of the Fair Work Act 2009. Clause 1.5(b) ensures the National Employment Standards (NES) take precedence where there are inconsistencies.
What it means for employers
Employers should ensure declarations regarding employee eligibility for enterprise agreement votes are accurate. Any errors should be promptly corrected to avoid concerns about the validity of the agreement. Employers must also be aware of the precedence of the National Employment Standards and ensure enterprise agreements do not create less favourable conditions.
What it means for employees
Employees covered by the agreement benefit from the terms outlined in the Warrnambool City Council Enterprise Agreement No 10 – 2025. Where the agreement conflicts with the National Employment Standards, the NES will apply. Casual employees who are eligible to vote should ensure they participate in ballot processes.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →