Vicgrid Body Corporate

Case

[2025] FWCA 2775

20 AUGUST 2025


[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

  1. 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).

  1. The Agreement is a greenfields agreement.

  1. 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.

  1. 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.

  1. 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

  1. 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.

  1. 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.

  1. 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.

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

  1. 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

<AE530125  PR790871>

ANNEXURE A

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