The Church Of Jesus Christ Of Latter-Day Saints Australia
[2024] FWCA 3433
•2 OCTOBER 2024
| [2024] FWCA 3433 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
The Church Of Jesus Christ Of Latter-Day Saints Australia
(AG2024/3250)
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS AUSTRALIA ENTERPRISE AGREEMENT 2024 (THE AGREEMENT)
| Clerical industry | |
| COMMISSIONER WILSON | MELBOURNE, 2 OCTOBER 2024 |
Application for approval of The Church of Jesus Christ of Latter-day Saints Australia Enterprise Agreement 2024 (the Agreement)
An application has been made for approval of an enterprise agreement known as the The Church of Jesus Christ of Latter-day Saints Australia Enterprise Agreement 2024 (the Agreement) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Church Of Jesus Christ Of Latter-Day Saints Australia. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 3 November 2023 and the Agreement was made on 13 August 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are 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 9 October 2024. The nominal expiry date of the Agreement is 9 October 2028.
COMMISSIONER
Appendix A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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