Application for approval of the GenWest Enterprise Agreement 2024.

[1] An application has been made for approval of an enterprise agreement known as the GenWest Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Gender Equity West (GenWest) Inc. (the Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

[4] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) and clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, supports the approval of the Agreement and has given 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 that the Agreement covers the organisation.

[6] The Agreement is approved, and in accordance with s.54, of the Act will operate from 27 May 2025. The nominal expiry date of the Agreement is 27 May 2027.

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