Application by Kentish Council & Latrobe Council
Citation: [2026] FWCA 2154
What happened
Kentish Council and Latrobe Council applied to have a multi-employer agreement, the Kentish Council and Latrobe Council Multi-Employer Agreement 2025, approved. The agreement covers two employers. The Australian Services Union (ASU) notified their desire for the agreement to cover them. The Applicant provided written undertakings.
What was decided
The Fair Work Commission approved the Kentish Council and Latrobe Council Multi-Employer Agreement 2025. It will operate from August 18, 2026, until June 30, 2028. The Commission noted that clause 15.1(c) may be inconsistent with the National Employment Standards (NES), but more beneficial NES entitlements will apply where there is a conflict. The ASU is covered by the agreement.
What it means for employers
Employers should ensure enterprise agreements comply with the Fair Work Act and National Employment Standards. Any inconsistencies must be addressed, ensuring employee entitlements are at least as good as those provided under the NES. Providing written undertakings can help secure approval.
What it means for employees
Employees covered by this agreement will benefit from terms negotiated between their union and employers. If there is a conflict between the agreement and the National Employment Standards, the more beneficial NES provisions apply.
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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