Australian Prudential Regulation Authority

Case

[2022] FWCA 1062

25 MARCH 2022


[2022] FWCA 1062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Prudential Regulation Authority

(AG2021/9228)

APRA Enterprise Agreement 2022

Commonwealth employment

DEPUTY PRESIDENT CROSS

SYDNEY, 25 MARCH 2022

Application for approval of the APRA Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the APRA Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Prudential Regulation Authority. The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

  1. 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.

  1. I note that clause 35.2 of the Agreement may be inconsistent with the National Employment Standards (NES), however noting the NES precedence term at clause 4 of the Agreement, I am satisfied that the NES will prevail to the extent of any inconsistency

  1. The CPSU, the Community and Public Sector Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 1 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE515482  PR739685>

ANNEXURE A

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