Redundancy Payment Central Fund Ltd T/A Incolink
[2022] FWCA 4115
•24 NOVEMBER 2022
| [2022] FWCA 4115 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Redundancy Payment Central Fund Ltd T/A Incolink
(AG2022/4324)
Redundancy Payment Central Fund Ltd (Incolink) Agreement 2021
| Banking finance and insurance industry | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 24 NOVEMBER 2022 |
Application for approval of the Redundancy Payment Central Fund Ltd (Incolink) Agreement 2021
Incolink has applied for approval of an enterprise agreement known as the Redundancy Payment Central Fund Ltd (Incolink) Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single 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 Australian Municipal, Administrative, Clerical and Services Union and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 14.1 – Annual leave entitlements; and
· Clause 21 – Compassionate Leave.
However, noting clause 2.5 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 1 December 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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