[1] An application has been made for approval of an enterprise agreement known as the Cater Care Services Agreement 2025 - 2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cater Care Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement

[4] Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Hospitality Industry (General) Award 2020 is taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

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