austlii:cth/FWCA/2026/4455
General information, not legal advice.
FWCA
2026-01-05
Original judgment source is linked above.
[2025] FWCA 4455 [Note: a correction has been issued to this document]
s.185 - Enterprise agreement
THE LOST DOGS' HOME ENTERPRISE AGREEMENT 2025 - 2028
Application for approval of The Lost Dogs' Home Enterprise Agreement 2025 - 2028
[1] The Lost Dogs' Home (the Applicant) has made an application for the approval of an enterprise agreement known as the The Lost Dogs' Home Enterprise Agreement 2025 - 2028 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.
[3] The Applicant 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.
[4] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[6] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
Clause 11.3 of the Agreement states that 'employees will not be entitled to redundancy pay if they are redeployed to suitable alternative roles or if they refuse an offer of suitable alternative employment'. However, the provision is not subject to an application under s.120 of the Act.
[7] However, I am satisfied that under clause 4.1 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[8] The United Workers' Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
[9] The Agreement was approved on 30 December 2025 and, in accordance with s 54, will operate from 6 January 2026. The nominal expiry date of the Agreement is 30 June 2029.


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