Sydney Harbour Federation Trust

[2024] FWCA 1520

[2024] FWCA 1520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Harbour Federation Trust

(AG2024/970)

SYDNEY HARBOUR FEDERATION TRUST ENTERPRISE AGREEMENT 2024-2026

Industries not otherwise assigned
COMMISSIONER LEE	MELBOURNE, 24 APRIL 2024

Application for approval of the Sydney Harbour Federation Trust Enterprise Agreement 2024-2026

1. An application has been made for approval of an enterprise agreement known as the Sydney Harbour Federation Trust Enterprise Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Harbour Federation Trust. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. The Community and Public Sector Union (CPSU) 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 6.32 – Unpaid Personal/Carer’s Leave

·   Clause 7.50 to Clause 7.53 – Abandonment of Employment

However, noting clause 1.7 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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2024. The nominal expiry date of the Agreement is 24 October 2026.

COMMISSIONER

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Annexure A