austlii:cth/FWCA/2025/2032
General information, not legal advice.
FWCA
2025-06-23
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Super Members Council Of Australia Ltd Trading AS Super Members Council
Application for approval of the SMC Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the SMC Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Super Members Council Of Australia Ltd Trading AS Super Members Council (SMC). The Agreement is a single enterprise agreement.
[2] Section 185(3)(a) of the Act provides that an application for approval of an agreement must be made no later than 14 days after the agreement being made. The Agreement was made on 30 May 2025. The application was lodged on 16 June 2025. It is therefore 3 days late. I have considered the explanation provided for the late lodgement and I am satisfied in all the circumstances that it is fair to extend the relevant period to the date on which the application was lodged.
[3] On the basis of materials filed in support of the application, and further information provided by SMC in response to questions raised, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[4] The Finance Sector Union of Australia (FSU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the FSU.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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