Accident Compensation Conciliation Service Trading AS Workplace Injury Commission Summary

[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

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).

The Agreement is a single enterprise agreement.

I observe that the following clause is likely to be inconsistent with the National Employment Standards:
· Clause 28.3 – Withholding monies at termination

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.

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

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Workplace Injury Commission, the Accident Compensation Conciliation Service Trading As Workplace Injury Commission (ACCSIC) applied for approval of the Accident Compensation Conciliation Service Enterprise Agreement 2025-2029. The dispute was about whether the proposed enterprise agreement complied with the relevant industrial legislation. The Commission was tasked with determining if the agreement met the requirements for approval, including whether it adhered to the principles set out in the Workplace Relations Act 1996.

The primary legal issue before the Commission was whether the agreement was in compliance with the statutory requirements for an enterprise agreement. Specifically, the Commission needed to assess if the agreement was made in good faith, and if it contained the necessary minimum terms and conditions as outlined in the legislation. The Commission also needed to consider if the agreement met the statutory requirements for good faith bargaining and if it was free from any prohibited content.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement was made in good faith and contained the required minimum terms and conditions. The Commission was satisfied that the agreement met the statutory requirements for an enterprise agreement and was therefore eligible for approval. The Commission approved the Accident Compensation Conciliation Service Enterprise Agreement 2025-2029, finding that it was in compliance with the relevant industrial legislation.

Accident Compensation Conciliation Service Trading AS Workplace Injury Commission

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established