austlii:cth/FWCA/2026/596
General information, not legal advice.
FWCA
2026-03-10
Original judgment source is linked above.
s.185 - Enterprise agreement
Hobsons Bay Community Financial Services Limited Trading AS Community Bank Altona And Community Bank Laverton
HOBSONS BAY COMMUNITY FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2026-2028
Application for approval of the Hobsons Bay Community Financial Services Limited Enterprise Agreement 2026-2028
[1] Hobsons Bay Community Financial Services Limited (the Employer) has made an application for approval of an enterprise agreement known as the Hobsons Bay Community Financial Services Limited Enterprise Agreement 2026-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.
[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):
Clause 9.8 - Family and Domestic Violence Leave not applying to casuals
[5] However, noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and, in accordance with s.54, will operate from 17 March 2026. The nominal expiry date of the Agreement is 18 December 2028.
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