Enhance Management Pty Limited T/A Enhance Research
[2024] FWCA 2278
•19 JUNE 2024
| [2024] FWCA 2278 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Enhance Management Pty Limited T/A Enhance Research
(AG2024/1689)
UWU AND ADIA MARKET & SOCIAL RESEARCH INDUSTRY AGREEMENT 2023-2026
| Market and business consultancy services | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 19 JUNE 2024 |
Application for approval of the UWU and ADIA Market and Social Research Industry Agreement 2023-2026
An application has been made for approval of an enterprise agreement known as the UWU and ADIA Market and Social Research Industry Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Enhance Management Pty Limited T/A Enhance Research. The Agreement is a multi-enterprise agreement.
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.
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.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The United Workers’ Union (UWU) 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. The UWU support approval of the Agreement.
I observe that there are provisions in the Agreement that appear to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525107 PR776190>
Annexure A
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