Application for approval of the Langford Support Services Enterprise Agreement

[1] Langford Support Services Inc has applied for approval of an enterprise agreement known as the Langford Support Services Enterprise Agreement under s 185 of the Fair Work Act 2009 (Cth).

[2] I observe that Clause 38.2 - Substitution of public holidays by agreement is likely to be inconsistent with the National Employment Standards.

[3] Clause 5(b) of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[5] The Health Services Union, Tasmania Branch (HSU) 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 the HSU.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 December 2025.

[7] In accordance with Clause 4 of the Agreement, the nominal expiry date of the Agreement is 2 December 2026.

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