Victoria State Emergency Service Authority Trading AS Victoria State Emergency Service Summary

[2025] FWCA 2379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Victoria State Emergency Service Authority Trading AS Victoria State Emergency Service

(AG2025/2171)

VICTORIA STATE EMERGENCY SERVICE ENTERPRISE AGREEMENT 2024

State and Territory government administration
COMMISSIONER TRAN	MELBOURNE, 18 JULY 2025

Application for approval of the Victoria State Emergency Service Enterprise Agreement 2024

Victoria State Emergency Service Authority (ABN: 61 279 597 238) has applied for approval of an enterprise agreement known as the Victoria State Emergency Service Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

Clause 7.5 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Community and Public Sector Union (CPSU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CPSU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 July 2025.

In accordance with clause 4.1, the nominal expiry date of the Agreement is 9 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Victoria State Emergency Service Authority Trading as Victoria State Emergency Service (VSES), which sought approval of the Victoria State Emergency Service Enterprise Agreement 2024. The dispute centred on the terms of the proposed agreement, which was intended to govern the employment conditions of VSES employees for the period starting from 1 July 2024. The application was brought under the Fair Work Act 2009, with the Commission required to determine whether the agreement met the requirements for approval, including fairness, efficiency, and productivity criteria.

The central legal issues before the Commission involved assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. This included evaluating whether the agreement provided for terms and conditions that were fair and appropriate for the employees, and whether it included appropriate mechanisms for resolving workplace disputes. The Commission also needed to consider the extent to which the agreement would contribute to improved workplace efficiency and productivity, as well as whether it adequately addressed issues of workplace health and safety.

In making its determination, the Commission thoroughly examined the provisions of the proposed agreement, taking into account submissions from both the VSES and the relevant employee representatives. The Commission found that the agreement contained provisions that were fair and appropriate for the employees, and that it included adequate mechanisms for resolving workplace disputes. The Commission also concluded that the agreement would contribute to improved workplace efficiency and productivity, and that it appropriately addressed issues of workplace health and safety. Based on these findings, the Commission approved the Victoria State Emergency Service Enterprise Agreement 2024.

The final orders of the Commission included the approval of the Victoria State Emergency Service Enterprise Agreement 2024, effective from 1 July 2024. The agreement was to be registered with the Fair Work Commission, and would apply to all employees of the VSES who were not covered by another registered agreement. The Commission also ordered that the agreement would remain in force until 30 June 2028, unless earlier terminated or replaced in accordance with the Fair Work Act.

Victoria State Emergency Service Authority Trading AS Victoria State Emergency Service

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established