[2025] FWCFB 204
Citation: [2025] FWCFB 204
What happened
The Australian Municipal, Administrative, Clerical and Services Union (ASU) appealed a Fair Work Commission decision approving the Warrnambool City Council Enterprise Agreement No. 10 2025. The ASU was a bargaining representative but didn't actively participate in negotiations. They claim Warrnambool City Council failed to properly notify them about the agreement application (Form F16 and F17B) as required by Fair Work Commission rules, denying them the opportunity to object and potentially have the agreement cover them. The Council argued the ASU declined to participate in bargaining and therefore didn't require notification. The agreement was approved with conditions regarding trainee rates and consultation terms.
What was decided
The Full Bench of the Fair Work Commission is considering whether the ASU was denied procedural fairness due to the Council's failure to serve the required documents. The Full Bench received witness statements from both the ASU and the Council to assess the circumstances. The appeal seeks to quash the approval decision and remit the application for reconsideration, allowing the ASU to participate. The decision hinges on whether the Council's actions denied the ASU procedural fairness and whether the Commission's rules regarding notification were followed.
What it means for employers
Employers must strictly adhere to Fair Work Commission rules regarding serving documents to employee organisations, even if those organisations choose not to actively participate in bargaining. Failing to do so can lead to appeals and potential overturning of approved enterprise agreements. Understanding the implications of 'bargaining representative' status is crucial.
What it means for employees
Employee organisations have the right to be notified about enterprise agreement applications and potentially have the agreement cover them, even if they haven't actively participated in negotiations. This ensures procedural fairness and allows for representation.
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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 →