Application for approval of the United Workers Union Employment Agreement 2025

[1] United Workers Union (the Employer) has made an application for approval of an enterprise agreement known as the United Workers Union Employment Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by either the Clerks - Private Sector Award 2020 or the Miscellaneous Award 2020.

National Employment Standards (NES) precedence term in Clause 5.1 of the Agreement

[3] Compassionate leave, discussed in clause 33 of the Agreement does not appear to apply in circumstances where a child is stillborn, who if born alive, would have been a member of an employee's immediate family or household, or an employee or their spouse/partner suffers a miscarriage, as provided by s.104 of the Act.

[4] Clause 34 of the Agreement provides 20 days of paid family and domestic violence leave per year, which is more generous than the 10 days provided by the NES. However, Clause 34.5 appears to provide the leave to full-time and part-time employees only. Section 106A(2)(c) of the Act provides that casual employees are entitled to paid family and domestic violence leave in full.

[5] Clause 34.5 of the Agreement states that part-time employees will receive family and domestic violence leave on a pro-rata basis. Section 106A(2)(c) of the Act provides that part-time employees are entitled to paid family and domestic violence leave in full.

[6] I note that in accordance with the NES precedence term in Clause 5.1 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

Additional Week of Annual Leave for Shiftworkers

[7] Clause 31 of the Agreement contains provisions for Annual leave, but it does not specify that employees defined as shiftworkers for the purposes of the NES will receive 5 weeks' annual leave per year, as provided by s.87 of the Act. The employer provided submissions that no employee at the UWU would meet the definition of shiftworker under clause 2.10, based on current work arrangements as there is no requirement to regularly work Sundays and public holidays.

[8] I am therefore satisfied that it is reasonably foreseeable that the UWU will not employ any employees that would meet the definition of a shiftworker.

[9] Clause 12.9 of the Agreement discusses consultation regarding change to regular rosters or ordinary hours of work. While Clause 12.9(e) provides that the employer must invite employees to give their views about the impact of the change, it does not provide that the employer must consider any views given by the employees about the impact of the change, as required by s.205(1A)(c) of the Act.

[10] The Employer provided a written undertaking to address this issue.

Section 190 Undertakings

[11] The Employer provided written undertakings. A copy of the undertakings is attached in Appendix 4. 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.

Section 186, 187, 188 and 190

[12] Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

[13] The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (ASU/USU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

[14] In accordance with s.201(2), I note that the Agreement covers the ASU and the ASU/USU.

[15] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2025. The nominal expiry date of the Agreement is 30 June 2027.

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