Application by Moyne Shire Council
What happened
Moyne Shire Council sought approval for its Enterprise Agreement No. 11 2026. Initially, the application was filed by the Applicant, but the Commission allowed it to be amended to reflect Moyne Shire Council as the applicant. Several issues were raised, prompting the Council to provide written undertakings. The Australian Nursing and Midwifery Federation (ANMF), Australian Services’ Union (ASU), and Professionals Australia (APESMA) are bargaining representatives for the agreement.
What was decided
The Fair Work Commission approved the Moyne Shire Council Enterprise Agreement No. 11 2026. The Commissioner was satisfied the undertakings provided by the Council would not cause financial detriment to employees or substantially change the agreement. The agreement includes a clause stating the National Employment Standards (NES) apply unless the agreement provides a more favourable outcome. The agreement will operate seven days after approval and covers the ANMF, ASU, and APESMA.
What it means for employers
Employers seeking to implement enterprise agreements should be prepared to address potential inconsistencies with the National Employment Standards and provide undertakings to mitigate any negative impacts on employees. Ensuring the correct applicant is listed on the application is also important.
What it means for employees
Employees covered by the Moyne Shire Council Enterprise Agreement No. 11 2026 should be aware of the undertakings provided by the Council and the clause regarding the application of the National Employment Standards. The agreement will now cover the ANMF, ASU, and APESMA.
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