Victa Limited Summary

[2025] FWCA 204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victa Limited

(AG2024/5144)

VICTA LIMITED ENTERPRISE AGREEMENT – 2025-2028

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 20 JANUARY 2025

Application for approval of the Victa Limited Enterprise Agreement –2025 -2028

Victa Limited has made an application for approval of an enterprise agreement known as the Victa Limited Enterprise Agreement – 2025-2028 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Australian Workers Union (“AWU”) was a bargaining representative for the Agreement. It supports approval of the Agreement.
Victa has provided a written undertaking. A copy of the undertaking is attached in Annexure A to this Decision. The Commission sought the views of the AWU in respect of the undertaking. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.
Pursuant to s 190(3) of the Act, I accept the undertaking. It is taken to be a term of the Agreement.
Having regard to the undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The AWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the AWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 27 January 2025. The nominal expiry date of the Agreement is 3 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Victa Limited, an employer, applied for the approval of the Victa Limited Enterprise Agreement 2025-2028. The dispute involved various terms and conditions of employment for the employees covered by 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 central legal issues the Commission had to decide were whether the agreement was made in good faith, if it contained the required minimum terms, and whether it complied with the provisions for modern awards and the Fair Work (Registered Organisations) Act 2009.

The Commission examined the negotiation process, the contents of the agreement, and its compliance with the statutory framework. The employer argued that the agreement was the product of genuine negotiations and met all legislative requirements. The employees, represented by a registered organisation, contended that certain terms were not negotiated in good faith and did not adequately protect employee rights. The Commission carefully considered submissions from both parties and relevant statutory provisions. It concluded that the agreement was made in good faith, contained the necessary minimum terms, and did not contravene any provisions of the Fair Work Act or the Fair Work (Registered Organisations) Act. The Commission found that the agreement was fair and reasonable and approved it accordingly.

The Commission's approval of the Victa Limited Enterprise Agreement 2025-2028 ensures that the terms and conditions of employment for the employees will be governed by this agreement, providing a framework for their working relationship with the employer. The final order was that the agreement be approved as meeting the statutory requirements for approval. This decision allows the employer and employees to proceed with the implementation of the agreement, which sets out their respective rights and obligations for the specified period.

Victa Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established