Victorian Energy Safety Commission Trading AS Energy Safe Victoria Summary

[2025] FWCA 1485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Victorian Energy Safety Commission Trading AS Energy Safe Victoria

(AG2025/1048)

ENERGY SAFE VICTORIA ENTERPRISE AGREEMENT 2024

State and Territory government administration
COMMISSIONER CONNOLLY	MELBOURNE, 5 MAY 2025

Application for approval of the Energy Safe Victoria Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Energy Safe Victoria Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Victorian Energy Safety Commission Trading AS Energy Safe Victoria (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 22 April 2025.

The notification time for the Agreement under s.173(2) was 4 April 2024 and the Agreement was made on 8 April 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

“The Australian Workers’ Union” and “The Association of Professional Engineers, Scientists and Managers, Australia”, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2028.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Energy Safety Commission Trading as Energy Safe Victoria applied for the approval of the Energy Safe Victoria Enterprise Agreement 2024. The applicant argued that the agreement was appropriate for the purposes of the relevant legislation. The matter was heard in the Fair Work Commission, which was required to decide if the agreement complied with the necessary legal standards.

The primary legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement covered all the necessary terms and conditions, was free from prohibited content, and complied with the process requirements for approval. The Commission examined the provisions of the agreement, the bargaining process, and any objections raised by the parties.

After careful consideration of the evidence and submissions, the Commission found that the agreement was appropriate for approval. The Commission was satisfied that the agreement complied with all statutory requirements and was free from prohibited content. The Commission noted that the agreement had been the result of good faith bargaining between the parties and that there were no procedural irregularities in the approval process. The Commission approved the agreement, finding it to be appropriate for the purposes of the legislation.

The Fair Work Commission approved the Energy Safe Victoria Enterprise Agreement 2024. This decision confirms that the agreement meets all legal requirements and is appropriate for implementation. The approval is effective from the date of the decision, ensuring that the agreement can be put into practice without further legal impediments.

Victorian Energy Safety Commission Trading AS Energy Safe Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established