Davidson Workplace Solutions Pty Ltd
[2025] FWCA 735
•25 FEBRUARY 2025
| [2025] FWCA 735 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Davidson Workplace Solutions Pty Ltd
(AG2024/4721)
WEST ARNHEM REGIONAL COUNCIL ENTERPRISE AGREEMENT 2024
| Local government administration | |
| COMMISSIONER THORNTON | ADELAIDE, 25 FEBRUARY 2025 |
Application for approval of the West Arnhem Regional Council Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the West Arnhem Regional Council Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davidson Workplace Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
Clause 69.9 purports to allow monies to be deducted from certain employees if required notice is not given on termination. This clause may allow deductions from entitlements owing under the National Employment Standards (NES) and may be contrary to the NES. Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers’ Union (UWU) and the Australian Services Union (ASU) 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 the UWU and the ASU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 4 March 2025. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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