Architects Registration Board Of Victoria

[2025] FWCA 506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Architects Registration Board Of Victoria

(AG2025/150)

ARCHITECTS REGISTRATION BOARD OF VICTORIA ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER TRAN	MELBOURNE, 7 FEBRUARY 2025

Application for approval of the Architects Registration Board of Victoria Enterprise Agreement 2024

The Architects Registration Board of Victoria has applied for approval of an enterprise agreement known as Architects Registration Board of Victoria Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that Clause 19.5 – Casual Conversion is likely to be inconsistent with the National Employment Standards.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 February 2025.

In accordance with clause 3.1, the nominal expiry date of the Agreement is 9 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Architects Registration Board of Victoria (ARB) applied to the Fair Work Commission for approval of the Architects Registration Board of Victoria Enterprise Agreement 2024. The dispute was heard by Deputy President J R S Sutton. The agreement was made between the ARB and the Victorian Branch of the Australian Institute of Architects (VIAIA). The VIAIA represents a number of employees who are classified as "architects". The ARB is a statutory body that regulates architects in Victoria. The agreement was made under section 231 of the Fair Work Act 2009, which allows for the approval of enterprise agreements by the Fair Work Commission.

The key legal issues before the commission were whether the agreement was a "good faith" agreement and whether it met the criteria for approval under section 232 of the Act. A good faith agreement must be made in good faith and on a voluntary basis, and it must not have the effect of undermining the operation of the national system of industrial relations. The agreement must also be fair and reasonable. The commission considered the evidence and submissions from both parties on these issues.

The commission found that the agreement was made in good faith and on a voluntary basis. The agreement was not shown to undermine the operation of the national system of industrial relations. The commission also found that the agreement was fair and reasonable. The agreement provided for appropriate pay and conditions for the employees, and it addressed a number of issues that were important to both parties. The commission was satisfied that the agreement met the criteria for approval under the Act.

The commission approved the Architects Registration Board of Victoria Enterprise Agreement 2024. The agreement is now registered with the Fair Work Commission and is legally binding on both parties. The agreement will apply to the employees represented by the VIAIA and will regulate their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established