Accident Compensation Conciliation Service Trading AS Workplace Injury Commission

Case

[2025] FWCA 2949

2 SEPTEMBER 2025


[2025] FWCA 2949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Accident Compensation Conciliation Service Trading AS Workplace Injury Commission

(AG2025/2792)

ACCIDENT COMPENSATION CONCILIATION SERVICE ENTERPRISE AGREEMENT 2025-2029

State and Territory government administration

COMMISSIONER TRAN

MELBOURNE, 2 SEPTEMBER 2025

Application for approval of the Accident Compensation Conciliation Service Enterprise Agreement 2025-2029

  1. Accident Compensation Conciliation Service T/A Workplace Injury Commission has applied for approval of an enterprise agreement known as the Accident Compensation Conciliation Service Enterprise Agreement 2025-2029 under s 185 of the Fair Work Act 2009 (Cth).

  1. The Agreement is a single enterprise agreement.

  1. I observe that the following clause is likely to be inconsistent with the National Employment Standards:

    ·   Clause 28.3 – Withholding monies at termination

  1. Clause 5.4 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. CPSU, the Community and Public Sector Union-SPSF Group. lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CPSU.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 9 September 2025.

  1. In accordance with clause 3.1, the nominal expiry date of the Agreement is 30 April 2029.

COMMISSIONER

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