Molonglo Financial Services Limited

[2021] FWCA 4046

[2021] FWCA 4046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Molonglo Financial Services Limited
(AG2021/5757)

MOLONGLO FINANCIAL SERVICES LIMITED ENTERPRISE AGREEMENT 2021

Banking finance and insurance industry
DEPUTY PRESIDENT DEAN	CANBERRA, 12 JULY 2021

Application for approval of the Molonglo Financial Services Limited Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Molonglo Financial Services Limited Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Molonglo Financial Services Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I observe that the provisions at clauses 7.8, 9.3 and 23.15 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 29 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2021. The nominal expiry date of the Agreement is 18 July 2024.

DEPUTY PRESIDENT

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Annexure A