Emergency Services Superannuation Board Summary

[2025] FWCA 2034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Emergency Services Superannuation Board

(AG2025/1756)

ESSSUPER ENTERPRISE AGREEMENT 2025

Banking finance and insurance industry
COMMISSIONER CLARKE	MELBOURNE, 19 JUNE 2025

Application for approval of the ESSSuper Enterprise Agreement 2025

An application has been made for approval of a single enterprise agreement known as the ESSSuper Enterprise Agreement 2025. The application was made pursuant s. 185 of the Fair Work Act 2009 (the Act). The application has been made by the Emergency Services Superannuation Board (employer).

The Community and Public Sector Union (CPSU), being a bargaining representative for the agreement, has given notice under s.183 that it wants the Agreement to cover the CPSU. In accordance with s.201(2) I therefore note that the Agreement covers the CPSU. By way of declaration in form F18, the CPSU has supported the approval of the Agreement.

Having taken into account the materials provided with the application for approval, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2025. The nominal expiry date of the agreement is 28 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Emergency Services Superannuation Board, sought approval of the ESSSuper Enterprise Agreement 2025, a proposed agreement between the Board and its employees. The dispute involved the terms and conditions of employment, including wages, leave entitlements, and other benefits. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement complied with the provisions concerning minimum wages, penalties, and other entitlements, and whether it met the 'better off overall test' which required the employees to be no worse off financially by being under the agreement than if they were not.

The Commission found that the proposed agreement met all statutory requirements and provided fair and reasonable terms and conditions of employment. The agreement was held to be in the best interests of the employees as it provided for improved wages and conditions while also ensuring that employees were not worse off overall. The Commission approved the agreement, finding that it met the 'better off overall test'. The Commission also found that the agreement contained appropriate mechanisms for dispute resolution, which were acceptable under the Act.

The Fair Work Commission approved the ESSSuper Enterprise Agreement 2025, effective from the date of the decision. The Commission's decision was made in accordance with the statutory requirements and was held to be in the best interests of the employees. The agreement was to be implemented as approved, providing for improved terms and conditions of employment for the employees of the Emergency Services Superannuation Board.

Emergency Services Superannuation Board

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established