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austlii:cth/FWCA/2025/1328
General information, not legal advice.
FWCA
2025-04-28
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the Each Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as Each Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Each Limited (Each). The Agreement is a single enterprise agreement.
Interaction with the National Employment Standards
[2] Clause 9.5(b) of the Agreement provides that the National Employment Standards (NES) prevails to the extent that any aspect of the Agreement would otherwise be detrimental to an employee (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:
Clause 8.1(a) of the agreement provides for the withholding of monies in circumstances where an employee has given insufficient notice of resignation. This clause appears to permit the employer to deduct monies from employee's entitlements under the NES (such as notice of termination, accrued but unused annual leave or long service leave on termination). Accordingly, this clause may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act however, when read in conjunction with the NES precedence clause (clause 9.5) will have no effect to the extent of any inconsistency.
[3] On the basis of the foregoing I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The Health Services Union Victoria No 1 Branch, trading as the Health Workers Union (HWU), and Health Services Union NSW/ACT/QLD (HSU NSW/ACT/QLD) both being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the HSU and HSU NSW/ACT/QLD.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
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