Federation Of Victorian Traditional Owner Corporations Ltd Summary

[2025] FWCA 3158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Federation Of Victorian Traditional Owner Corporations Ltd

(AG2025/3032)

FEDERATION OF VICTORIAN TRADITIONAL OWNER CORPORATIONS LTD ENTERPRISE AGREEMENT 2024–2027

Industries not otherwise assigned
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 19 SEPTEMBER 2025

Application for approval of the Federation of Victorian Traditional Owner Corporations Ltd Enterprise Agreement 2024–2027

Introduction

The Federation of Victorian Traditional Owner Corporations Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Federation of Victorian Traditional Owner Corporations Ltd Enterprise Agreement 2024–2027 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Section 186, 187 and 188

I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Australian Municipal, Administrative, Clerical and Services Union (ASU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Australian Municipal, Administrative, Clerical and Services Union (ASU).

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federation of Victorian Traditional Owner Corporations Limited sought approval for an enterprise agreement covering the period 2024 to 2027. The application was brought before the Fair Work Commission, which is responsible for approving enterprise agreements to ensure they meet the requirements set out in the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement complied with the legislative provisions and if it adequately represented the interests of the employees covered by the agreement.

The central legal issues before the Commission were whether the agreement complied with the formal requirements of the Act, and whether it provided for appropriate mechanisms to ensure the agreement was fair and equitable. Specifically, the Commission needed to consider whether the agreement contained all the mandated terms and conditions, whether the agreement was made in good faith, and if it provided for appropriate dispute resolution mechanisms. The Commission also had to examine whether the agreement contained any terms that might be considered contrary to public policy.

In delivering its decision, the Commission examined the proposed agreement against the statutory criteria set out in the Fair Work Act. The Commission found that the agreement met all the formal requirements and contained the necessary terms and conditions. It was also satisfied that the agreement was made in good faith and included appropriate dispute resolution mechanisms. The Commission noted that the agreement included provisions that were beneficial to the employees, such as provisions for flexible working arrangements and provisions aimed at supporting the cultural heritage of the traditional owner corporations. The Commission concluded that the agreement was fair and appropriate, and approved the agreement in accordance with section 176 of the Fair Work Act.

Federation Of Victorian Traditional Owner Corporations Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established