Application by Southern Grampians Shire Council
Citation: [2026] FWCA 1993
At a glance
- Awards cited
- MA000314
What happened
Southern Grampians Shire Council sought approval for its Enterprise Agreement No. 11 2025 under the Fair Work Act. The agreement is a single enterprise agreement covering employees. The Australian Nursing and Midwifery Federation (ANMF) and Australian Municipal, Administrative, Clerical & Services Union (ASU) indicated their desire for the agreement to cover them.
What was decided
The Fair Work Commission approved Southern Grampians Shire Council’s Enterprise Agreement No. 11 2025. The agreement will operate from August 4, 2026, and expire on May 9, 2027. Certain clauses were identified as potentially inconsistent with the National Employment Standards (NES), but clause 5.4 ensures the NES prevails where conflicts arise. A delegates’ rights term in the enterprise agreement was deemed less favourable than the Victorian Local Government Award 2015 and will be replaced accordingly.
What it means for employers
Employers drafting enterprise agreements must ensure they align with the National Employment Standards (NES). Clauses offering fewer entitlements than those mandated by the NES will be overridden. Reviewing delegate rights provisions against relevant award terms is also crucial to avoid less favourable conditions for employees.
What it means for employees
Employees covered by this agreement benefit from the protections of the National Employment Standards, which will apply where the enterprise agreement offers less favourable terms. The delegates’ rights term will be aligned with the Victorian Local Government Award 2015.
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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