COFFS EX-SERVICES MEMORIAL AND SPORTING CLUB LIMITED ENTERPRISE AGREEMENT 2026

Application for approval of the Coffs Ex-Services Memorial and Sporting Club Limited Enterprise Agreement 2026

[1] This decision concerns an application for approval of the Coffs Ex-Services Memorial and Sporting Club Limited Enterprise Agreement 2026 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Coffs Ex-Services Memorial and Sporting Club Limited (the Applicant).

[2] The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[3] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Applicant, the United Workers' Union (UWU) and the other bargaining representatives about clause 26, which concerns compassionate leave, and clause 42.4, which concerns deductions on termination. The concern being that those clauses appear to be inconsistent with the National Employment Standards. I sought confirmation as to whether the Applicant intended to rely upon clause 6.4 of the Agreement, which can be best described as a NES precedence clause, to resolve any such concern or propose an undertaking. The Applicant confirmed that it intends to rely upon clause 6.4 of the Agreement. Based upon that confirmation from the Applicant, the requirement in section 186(2)(c) is satisfied.

[4] Section 201 of the FW Act requires the approval decision to note certain matters. The only such matter that is relevant to this application is that the United Workers' Union, which was a bargaining representative for the Agreement, has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the United Workers' Union.

[5] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 27 March 2026. 5 The nominal expiry date of the Agreement is 27 March 2029.

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