Application by Colac Otway Shire Council
Citation: [2026] FWCA 1644
What happened
Colac Otway Shire Council sought approval for its Enterprise Agreement No. 10, 2025. The agreement covers employees of the council. Several unions—the Australian Nursing and Midwifery Federation (ANMF), the Australian Municipal, Administrative, Clerical and Services Union (ASU), and the Association of Professional Engineers, Scientists and Managers Australia (APESMA)—were identified as bargaining representatives and wished for the agreement to cover them.
What was decided
The Fair Work Commission approved Colac Otway Shire Enterprise Agreement No. 10, 2025. The Deputy President found that the agreement did not contravene the National Employment Standards because a clause prioritises more beneficial entitlements from those standards. The agreement will operate for seven days after approval. It covers employees represented by ANMF, ASU and APESMA.
What it means for employers
Employers seeking to implement enterprise agreements should ensure they do not contradict the National Employment Standards. A clause ensuring that NES provisions prevail can mitigate this risk. Unions must formally notify their desire for coverage under an agreement.
What it means for employees
Employees covered by the Colac Otway Shire Enterprise Agreement No. 10, 2025, will benefit from the terms outlined in the agreement. Members of ANMF, ASU and APESMA are now covered by this agreement.
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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