Application by North West Support Services Inc
Citation: [2026] FWCA 2404
What happened
North West Support Services Inc. sought approval for its Enterprise Agreement 2023. The Health Services Union, a bargaining representative, requested the agreement cover the union. The agreement is a single enterprise agreement covering some, but not all, employees of the employer. The employer provided written undertakings, which are now terms of the agreement.
What was decided
The Fair Work Commission approved the North West Support Services Inc. Enterprise Agreement 2023. The agreement will operate from September 9, 2026, and expire on September 1, 2027. The Commission noted potential inconsistencies with the National Employment Standards (NES) but ensured the more beneficial NES entitlements would prevail. The Health Services Union is covered by the agreement.
What it means for employers
Employers should ensure enterprise agreements are compliant with the Fair Work Act and National Employment Standards. Providing undertakings can help address concerns and secure approval. Agreements don't need to cover all employees to be approved.
What it means for employees
Employees should review the approved Enterprise Agreement 2023 to understand their entitlements. Where the agreement conflicts with the National Employment Standards, the NES entitlements will apply.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections