R&L Services Victoria Pty Ltd As Trustee For Victorian R&L Services Trust Trading AS Vicroads

[2025] FWCA 1131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

R&L Services Victoria Pty Ltd As Trustee For Victorian R&L Services Trust Trading AS Vicroads

(AG2025/641)

VICROADS R&L SERVICES ENTERPRISE AGREEMENT 1

Clerical industry
COMMISSIONER CONNOLLY	MELBOURNE, 2 APRIL 2025

Application for approval of the VicRoads R&L Services Enterprise Agreement 1

An application has been made for approval of an enterprise agreement known as the VicRoads R&L Services Enterprise Agreement 1 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by R&L Services Victoria Pty Ltd as Trustee for Victorian R&L Services Trust Trading as VicRoads (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 19 March 2025.

The notification time for the Agreement under s.173(2) was 8 November 2024 and the Agreement was made on 28 February 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

On 27 March 2025, the Employer was invited to address aspects of the Agreement.

The Australian Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2028.

COMMISSIONER

[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 that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of R&L Services Victoria Pty Ltd As Trustee For Victorian R&L Services Trust Trading as Vicroads, the matter before the Fair Work Commission concerned an application for the approval of the VicRoads R&L Services Enterprise Agreement. The primary issue was whether the proposed enterprise agreement, which aimed to regulate the employment terms and conditions for certain employees of VicRoads, complied with the necessary legal requirements and whether it was in the best interests of the employees and the employer.

The legal issues that the Commission was required to address included assessing the fairness of the proposed agreement in terms of its compliance with the Fair Work Act 2009, ensuring that the agreement did not adversely affect the employees' fundamental rights, and confirming that the process through which the agreement was reached was fair and lawful. The Commission also needed to consider the balance of the agreement in terms of its impact on the parties involved and whether it promoted a productive workplace environment.

Upon reviewing the application, the Fair Work Commission determined that the proposed VicRoads R&L Services Enterprise Agreement met the necessary criteria for approval. The Commission found that the agreement was fair and balanced, providing adequate protections for the employees while also addressing the needs of the employer. The process through which the agreement was negotiated was deemed to be fair, and the agreement itself did not adversely affect the fundamental rights of the employees. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the legal requirements and its suitability for promoting a productive and fair workplace environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established