Eastern Community Legal Centre Inc.
[2025] FWCA 255
•22 JANUARY 2025
| [2025] FWCA 255 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Eastern Community Legal Centre Inc.
(AG2024/4719)
EASTERN COMMUNITY LEGAL CENTRE ENTERPRISE AGREEMENT 2024 - 2028
| Industries not otherwise assigned | |
| COMMISSIONER TRAN | MELBOURNE, 22 JANUARY 2025 |
Application for approval of the Eastern Community Legal Centre Enterprise Agreement 2024 - 2028
Eastern Community Legal Centre Inc. has applied for approval of an enterprise agreement known as the Eastern Community Legal Centre Enterprise Agreement 2024 – 2028 under s 185 of the Fair Work Act 2009.
The Agreement is a single enterprise agreement.
I observe that clause 63.6 does not provide for majority agreement for substitution of public holidays and may be inconsistent with s 115(3) of the Act.
I note clause 5.4 of the Agreement and the undertakings provided, and I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Employer 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.
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.
The Australian Services Union (ASU) 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 ASU.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 January 2025.
In accordance with clause 4.2, the nominal expiry date of the Agreement is 29 January 2029.
COMMISSIONER
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