austlii:cth/FWCA/2025/2949
General information, not legal advice.
FWCA
2025-09-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Accident Compensation Conciliation Service Trading AS Workplace Injury Commission
ACCIDENT COMPENSATION CONCILIATION SERVICE ENTERPRISE AGREEMENT 2025-2029
Application for approval of the Accident Compensation Conciliation Service Enterprise Agreement 2025-2029
[1] Accident Compensation Conciliation Service T/A Workplace Injury Commission has applied for approval of an enterprise agreement known as the Accident Compensation Conciliation Service Enterprise Agreement 2025-2029 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] I observe that the following clause is likely to be inconsistent with the National Employment Standards:
Clause 28.3 - Withholding monies at termination
[4] Clause 5.4 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[6] CPSU, the Community and Public Sector Union-SPSF Group. lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CPSU.
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 September 2025.
[8] In accordance with clause 3.1, the nominal expiry date of the Agreement is 30 April 2029.
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