National Heavy Vehicle Regulator Trading AS NHVR Summary

[2025] FWCA 1699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Heavy Vehicle Regulator Trading AS NHVR

(AG2025/1377)

NHVR (OPERATIONAL AND ON-ROAD REGULATORY) ENTERPRISE AGREEMENT 2025-2028

State and Territory government administration
COMMISSIONER P RYAN	SYDNEY, 21 MAY 2025

Application for approval of the NHVR (Operational and On-Road Regulatory) Enterprise Agreement 2025-2028

The National Heavy Vehicle Regulator (Employer) has made an application for approval of an enterprise agreement known as the NHVR (Operational and On-Road Regulatory) Enterprise Agreement 2025-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the Statement of Principles.[1]

National Employment Standards

I observe that clause 20.3.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining representatives

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the CPSU, the Community and Public Sector Union (CPSU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ASU and the CPSU.

Approval

The Agreement is approved. Clause 1.6 of the Agreement states that the Agreement will commence operation from 24 May 2025, or the first day of the Pay Period starting 7 days after its approval by the Fair Work Commission. The Employer advised that it operates a fortnightly pay period and the first full pay period to commence 7 days after the date of this decision commences on Saturday 31 May 2025.

Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Friday, 30 May 2025. The nominal expiry date of the Agreement is 7 March 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Heavy Vehicle Regulator Trading as NHVR applied for the approval of the NHVR (Operational and On-Road Regulatory) Enterprise Agreement 2025-2028. The application was made to the Fair Work Commission under section 237 of the Fair Work Act 2009, seeking approval of the agreement that would govern the employment terms and conditions for employees in operational and on-road regulatory roles within the NHVR. The nature of the dispute centred on whether the proposed agreement met the criteria for approval, including ensuring that it was in the public interest and provided fair and reasonable terms for employees.

The primary legal issue before the Commission was whether the agreement was fair and reasonable for the employees covered by it. This required consideration of various factors, including the impact of the proposed terms on the employees' working conditions, remuneration, and benefits, as well as the public interest considerations relevant to the NHVR's operations. The Commission needed to determine whether the agreement provided fair and reasonable terms for the employees and whether it was in the public interest, taking into account the specific duties and responsibilities of the NHVR.

The Fair Work Commission approved the agreement, finding that it was fair and reasonable for the employees and in the public interest. The Commission carefully examined the proposed terms and conditions, including the impact on employees' working conditions, remuneration, and benefits. The Commission also considered the public interest factors, including the need for the NHVR to effectively carry out its regulatory functions. The Commission concluded that the agreement provided fair and reasonable terms for the employees and was in the public interest, thereby meeting the criteria for approval under the Fair Work Act.

The final order of the Commission was the approval of the NHVR (Operational and On-Road Regulatory) Enterprise Agreement 2025-2028, effective from the date of the Commission's decision. This approval ensures that the agreement governs the employment terms and conditions for the relevant employees, providing them with fair and reasonable terms while supporting the NHVR's public interest functions.

National Heavy Vehicle Regulator Trading AS NHVR

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established