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[9]
austlii:cth/FWCA/2025/1603
General information, not legal advice.
FWCA
2025-05-14
Original judgment source is linked above.
s.185 - Enterprise agreement
The Trustee for Insight Systems Unit Trust Trading AS Insight Systems Group Pty Ltd
INSIGHT SYSTEMS GROUP PTY LTD ENTERPRISE AGREEMENT 2025-2029
Application for approval of the Insight Systems Group Pty Ltd Enterprise Agreement 2025-2029.
[1] An application has been made for approval of an enterprise agreement known as the Insight Systems Group Pty Ltd Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by The Trustee for Insight Systems Unit Trust T/A Insight Systems Group Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).
[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):
Personal/ Carer's Leave: Clause 7.2.2 provides that payment for personal/ carer's leave is conditional upon a medical certificate or statutory declaration. Clause 7.2.7 further specifies that to qualify for paid carer's leave, an employee must provide a medical certificate or statutory declaration. Section 107 of the Act requires the employee to provide evidence that would satisfy a reasonable person.
[5] Noting the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 21 May 2025. The nominal expiry date of the Agreement is 14 May 2029.
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