austlii:cth/FWCA/2025/3666
General information, not legal advice.
FWCA
2025-10-30
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
CONCENTRIX AUSLAN INTERPRETER ENTERPRISE AGREEMENT 2025
Application for approval of the Concentrix Auslan Interpreter Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Concentrix Auslan Interpreter Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concentrix Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The notice of employee representational rights that was given to employees notes the title of the Agreement as "Concentrix Auslan Interpreter Enterprise Agreement 2023" rather than "Concentrix Auslan Interpreter Enterprise Agreement 2025". The Applicant provided a submission explaining the error was because bargaining originally commenced in 2023 and submitted that the error is a minor error. I am satisfied that the incorrect year is a minor error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. I am satisfied that the Agreement has been genuinely agreed to within the meaning of s 188 of the Act.
[3] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[5] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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 APESMA.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 October 2029.
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