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austlii:cth/FWCA/2025/3728
General information, not legal advice.
FWCA
2025-11-06
Original judgment source is linked above.
s.185 - Enterprise agreement
Protect Services Pty Ltd as Trustee for The Protect Services Trust trading as Protect Services Pty Ltd
Application for approval of the Protect Services Enterprise Agreement 2025
[1] Protect Services Pty Ltd as Trustee for The Protect Services Trust trading as Protect Services Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Protect Services Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
[2] I note that some provisions of the Agreement (being clause 22.1 (Compassionate Leave) and 30(d) (Public Holidays) may be inconsistent with the National Employment Standards (NES). However, clause 7 (NES) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.
[3] The Agreement does not contain a workplace delegates rights term. In accordance with s.205A of the Act, the delegates rights term at clause 27A of the Banking, Finance and Insurance Industry Award 2020 is taken to be a term of the Agreement.
[4] The Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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.
[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[6] The Australian Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Municipal, Administrative, Clerical and Services Union (ASU).
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
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