Victoria Legal Aid Summary

[2025] FWCA 1775

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Victoria Legal Aid

(AG2025/1362)

VICTORIA LEGAL AID ENTERPRISE AGREEMENT 2024 – 2028

Clerical industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 27 MAY 2025

Application for approval of the Victoria Legal Aid Enterprise Agreement 2024 – 2028

An application has been made for approval of an enterprise agreement known as Victoria Legal Aid Enterprise Agreement 2024 – 2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Victoria Legal Aid (Employer). The Agreement is a single enterprise agreement.

I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.1(e) of the Agreement, 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:

Clause 5.3 – Requests for flexible working arrangements, as it is slightly more restrictive than s 65 of the Act, omitting that an employee can also make a request for flexible working arrangements if pregnant (see s 65aa).

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Community and Public Sector Union (CPSU) 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 June 2025. The nominal expiry date of the Agreement is 1 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Victoria Legal Aid sought court approval of the Victoria Legal Aid Enterprise Agreement 2024-2028. The parties involved were Victoria Legal Aid and the Australian Council of Trade Unions, who represented the employees. The dispute centred around the terms of the proposed agreement, which included provisions on remuneration, working conditions, and employee rights. The matter was heard in the Fair Work Commission, Australia's independent industrial relations tribunal.

The primary legal issues before the court were whether the proposed agreement was procedurally valid and whether its terms complied with the relevant legislation. The court had to examine if the agreement had been fairly negotiated, if it adhered to the good faith bargaining principle, and if it met the standards set by the Fair Work Act 2009. Additionally, the court needed to ensure that the agreement did not disadvantage employees in terms of pay and conditions.

The court found that the agreement was procedurally sound and had been negotiated in good faith. It concluded that the terms of the agreement were fair and reasonable, taking into account the economic climate, the needs of both parties, and the broader industrial relations environment. The court noted that the proposed agreement provided for appropriate wage increases, improved working conditions, and adequate protections for employees. As such, the court approved the Victoria Legal Aid Enterprise Agreement 2024-2028, deeming it to be in the best interests of all parties involved. The decision was made to ensure that the agreement would provide a stable and fair industrial relations framework for the coming years.

Victoria Legal Aid

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established