Victorian Building Authority Trading AS N/A Summary

[2025] FWCA 799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Victorian Building Authority Trading AS N/A

(AG2025/387)

VICTORIAN BUILDING AUTHORITY ENTERPRISE AGREEMENT 2024

State and Territory government administration
COMMISSIONER TRAN	MELBOURNE, 3 MARCH 2025

Application for approval of the Victorian Building Authority Enterprise Agreement 2024

Victorian Building Authority has applied for approval of an enterprise agreement known as Victorian Building Authority Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise.

I note clause 4.4 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

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 10 March 2025.

In accordance with clause 3.1, the nominal expiry date of the Agreement is 9 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Victorian Building Authority Trading as the Victorian Building Authority sought approval for the Enterprise Agreement 2024. The application was brought before the Commission to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred around the provisions of the agreement, including employee entitlements, wages, and other working conditions, and whether these provisions were fair and reasonable in accordance with the Act.

The primary legal issue for the Commission was to assess whether the agreement complied with the relevant statutory provisions of the Fair Work Act. This involved scrutinising the bargaining process, the terms and conditions proposed in the agreement, and whether they adhered to the provisions for fair and reasonable terms as mandated by the Act. The Commission also had to ensure that the agreement did not unfairly disadvantage any party and that it had been genuinely negotiated.

After considering the evidence and submissions from both the employer and the employees, the Commission concluded that the Enterprise Agreement 2024 met the statutory requirements for approval. The Commission found that the agreement contained provisions that were fair and reasonable, and that the bargaining process was conducted in good faith. The Commission approved the agreement, acknowledging that it provided a balanced framework for the employment relationship between the Victorian Building Authority and its employees.

The Commission issued an order approving the Enterprise Agreement 2024, effective from the date of the decision. This decision ensures that the agreement will govern the employment terms and conditions of the employees for the specified period, subject to any future variations or amendments as may be required.

Victorian Building Authority Trading AS N/A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established