Vicgrid Body Corporate

[2025] FWCA 2775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Vicgrid Body Corporate

(AG2025/2304)

VICGRID ENTERPRISE AGREEMENT 2025

State and Territory government administration
COMMISSIONER TRAN	MELBOURNE, 20 AUGUST 2025

Application for approval of the VicGrid Enterprise Agreement 2025

VicGrid Body Corporate (ABN: 56 367 315 313) has applied for approval of an enterprise agreement known as the VicGrid Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a greenfields agreement.

The agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

In accordance with s 187(5)(a) of the Act, I am satisfied that the Community and Public Sector Union (CPSU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
· Clause 48 – Annual leave
· Clause 54.3(a) – Personal leave

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CPSU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1, will operate from 1 November 2025.

In accordance with clause 3.1, the nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Vicgrid Body Corporate applied for approval of the VicGrid Enterprise Agreement 2025. The dispute arose from negotiations between Vicgrid and the Electrical Trades Union of Australia regarding the terms and conditions of employment for employees under the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement contained provisions that unfairly disadvantaged employees or otherwise breached the provisions of the Act. The Commission considered whether the agreement provided for a fair and reasonable balance between the rights and obligations of employers and employees, and whether it complied with the good faith bargaining requirements. Additionally, the Commission examined whether the agreement met the "better off overall test", which requires that employees be no worse off financially under the new agreement than they were under the previous agreement.

After reviewing the evidence and submissions from both parties, the Commission found that the VicGrid Enterprise Agreement 2025 was fair and reasonable and met the statutory requirements for approval. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that balanced the needs of both employers and employees, and that it complied with the good faith bargaining requirements. The Commission also found that the agreement met the better off overall test, as it provided for improved conditions and benefits for employees without imposing undue financial burdens on the employer. Consequently, the Commission approved the agreement, and it will now be binding on the parties from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established