austlii:cth/FWCA/2025/2779
General information, not legal advice.
FWCA
2025-08-20
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Latrobe Valley Village Inc. Trading AS Latrobe Valley Village
LATROBE VALLEY VILLAGE ENTERPRISE AGREEMENT 2024
Application for approval of the Latrobe Valley Village Enterprise Agreement 2024
[1] Latrobe Valley Village (ABN: 38 645 298 359) has applied for approval of an enterprise agreement known as the Latrobe Valley Village Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
Clause 36.2 - regarding withholding monies at termination
Clause 57 - regarding long service leave
[4] Clause 6.1 of the Agreement gives precedence to the NES. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Employer 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.
[6] 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.
[7] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.
[8] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 August 2025.
[9] In accordance with clause 7, the nominal expiry date of the Agreement is 30 June 2029.
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