Arts Project Australia Inc Trading AS Arts Project Australia

[2025] FWCA 1740

[2025] FWCA 1740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Arts Project Australia Inc Trading AS Arts Project Australia

(AG2025/1443)

ARTS PROJECT AUSTRALIA ENTERPRISE AGREEMENT 2024-2028

Social, community, home care and disability services
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 MAY 2025

Application for approval of the Arts Project Australia Enterprise Bargaining Agreement 2024-2028

1. An application has been made for approval of an enterprise agreement to be known as the Arts Project Australia Enterprise Bargaining Agreement 2024-2028 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Arts Project Australia Inc Trading AS Arts Project Australia (Employer). The Agreement is a single enterprise agreement.

Workplace delegates’ rights clause

1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Social, Community, Home Care and Disability Services Industry Award 2010 is taken to be a term of the Agreement.

Model and/or flexibility clause

1. Pursuant to s.204(1) and s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2025. The nominal expiry date of the Agreement is 26 May 2029.

DEPUTY PRESIDENT

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