Berry Street Victoria Incorporated Trading AS Berry Street Victoria

[2025] FWCA 900

[2025] FWCA 900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Berry Street Victoria Incorporated Trading AS Berry Street Victoria

(AG2025/447)

BERRY STREET ENTERPRISE AGREEMENT 2024-2028

Social, community, home care and disability services
COMMISSIONER TRAN	MELBOURNE, 13 MARCH 2025

Application for approval of the Berry Street Enterprise Agreement 2024-2028

1. Berry Street Victoria Incorporated has applied for approval of an enterprise agreement known as Berry Street Enterprise Agreement 2024-2028 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I note clause 7 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU), the Independent Education Union of Australia (IEU) and the Health Services Union (HSU) have lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers these unions.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 20 March 2025.

1. In accordance with clause 4, the nominal expiry date of the Agreement is 31 May 2028.

Variation

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities

1. I determined to vary the Agreement, following the identification by the employer of the omission of clauses 34 (b), (c), and (d). The Commission also identified an error in the table on page 66 of the Agreement.

1. The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 20 March 2025.

COMMISSIONER

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<AE528334  PR785162>

APPENDIX A