Victorian WorkCover Authority

Case •

[2025] FWCA 1081

•

3 APRIL 2025
[2025] FWCA 1081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Victorian WorkCover Authority

(AG2025/772)

VICTORIAN WORKCOVER AUTHORITY ENTERPRISE AGREEMENT 2024-2028

State and Territory government administration

COMMISSIONER REDFORD

MELBOURNE, 3 APRIL 2025

Application for approval of the Victorian WorkCover Authority Enterprise Agreement 2024-2028

  1. An application has been made for approval of an enterprise agreement known as the Victorian WorkCover Authority Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Victorian WorkCover Authority (WorkCover). The Agreement is a single enterprise agreement.

Interaction with the National Employment Standards

  1. Clause 7.2 of the Agreement provides there is an inconsistency between the Agreement and the National Employment Standards (NES), and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:   

a.Clause 76.3(b) of the Agreement provides for the withholding of monies in circumstances where an employee has given insufficient notice of resignation. This clause appears to permit the employer to deduct monies from employee’s entitlements under the NES (such as notice of termination, accrued but unused annual leave or long service leave on termination). Accordingly, this clause may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act however, when read in conjunction with the NES precedence clause (clause 7.2) will have no effect to the extent of any inconsistency.

b.Clause 79.4(a) of the Agreement provides that that the employer and a majority of affected employees may agree to substitute a public holiday for another day. This appears to be  inconsistent  with s 115(3) of the Act which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an employee, rather than a majority of employees. However, when read in conjunction with the NES precedence clause (clause 7.2) clause 79.4(a) will have no effect to the extent of any inconsistency with s 115(3) of the Act.

c.Public holidays - Clauses 79.1(a), 79.1(b), 79.1(c) and 79.1(d) deals with public holiday substitution. These clauses must be read with reference to s 115 of the Act, which prevails to the extent of any inconsistency by way of the NES precedence clause.

Consideration

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  2. 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 CPSU.

  3. The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

Variation to correct errors, defects or irregularities

  1. WorkCover has made an application that the Commission exercise its power to vary the Agreement, pursuant to s 218A of the Act. Section 218A provides the Commission may vary an enterprise agreement to correct or amend an obvious error, defect or irregularity.

  2. The terms of the variation sought are:

    1. To delete the “contents page” in its entirety and replace it with the table in Annexure A.
    1. To delete the table appearing on pages 112 - 113 of the Agreement, which deals with wage rates applying from Band 1 to 6 and replace it with the table in Annexure B.

  1. I provided the bargaining representatives with an opportunity to express any views they may have about the variation sought. None expressed any objection to the application made by WorkCover.

  2. I am satisfied that the variation sought is to correct an obvious error, defect or irregularity.

  3. The Agreement is varied and, in accordance with s 218A(3) of the Act the variation will operate from 10 April 2025.

  4. For the avoidance of any doubt, the version of the Agreement attached to this decision is the version as varied.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE528503  PR785648>

ANNEXURE A

CONTENTS

PART 1        APPLICATION AND OPERATION OF AGREEMENT

  1. Title

  2. Definitions

  3. Commencement and Period of Operation

  4. No Extra Claims

  5. Application of Agreement and Parties Covered

  6. Access to Agreement

  7. Relationship between the Agreement, the NES the Best Practice Employment Commitment and the Award

  8. Objectives of the Agreement

  9. Diversity, Equity and Inclusion

  10. Gender Equity Principles

  11. Respect at Work

  12. Agreed Statement on Gendered Violence at Work

  13. Objectives and Principles of the Flexible Delivery of Services

PART 2        OCCUPATIONAL HEALTH AND SAFETY

  1. OH&S and Rehabilitation

  2. Designated Work Groups

  3. Obligations to Health and Safety Representatives

  4. OH&S Training

  5. Workplace Relations Training Leave

  6. Prevention of Bullying and Violence at Work

  7. Critical Incident Response

PART 3        PROCEDURAL MATTERS

  1. Employee Engagement and Consultation

  2. Consultative Committee

  3. Grievances – Review of Actions

  4. Dispute Resolution

  5. Resolution of Gender Equality Disputes

PART 4        FORMS OF EMPLOYMENT

  1. Secure Employment Commitment

  2. Categories of Employment

  3. Full Time Employee

  4. Part Time Employee

  5. Fixed Term Employees

  6. Casual Employees

PART 5        WORKING HOURS

  1. Hours of Work

  2. Shift Work

  3. Flex Time

  4. Overtime

  5. Rest & Meal Breaks

PART 6        FLEXIBILITY ARRANGEMENTS

  1. Flexible Work

  2. Right to Request Flexible Working Arrangements

  3. Individual Flexibility Arrangements

  4. Working from Home

PART 7        REMUNERATION AND RELATED MATTERS

  1. Salaries

  2. Payment of Salaries

  3. Classification

  4. Progression

  5. Superannuation

  6. Salary Sacrifice

  7. Deferred Salary Scheme

  8. Accident Compensation Make-Up Pay

PART 8        LEAVE

  1. Annual Leave

  2. Annual Leave Management

  3. Purchased Leave

  4. Long Service Leave

  5. Personal/Carer’s Leave

  6. Additional Leave to Support Employees with a Disability

  7. Compassionate Leave

  8. Infectious Diseases Leave

  9. Leave for Blood Product Donations

  10. Sick Leave Pool

  11. Drug and Alcohol Rehabilitation Leave

  12. Parental Leave

  13. Assisted Reproductive Treatment

  14. Reproductive Health and Wellbeing Leave

  15. Foster and Kinship Care Leave

  16. Surrogacy Leave

  17. Family and Domestic Violence Leave

  18. Gender Affirmation Leave

  19. Community Leave

  20. Australian Defence Reserve Leave

  21. Military or Defence Reserve Sick Leave

  22. Leave Without Pay

PART 9        GENERAL EMPLOYMENT CONDITIONS

  1. Probation

  2. Recruitment and Selection

  3. Unsatisfactory Performance

  4. Redundancy, Redeployment and Retrenchment

  5. Discipline

  6. Termination of Employment

  7. Employee Representation on CPSU SPSF Victorian Branch Council

  8. Study Assistance

  9. Public Holidays

PART 10     OTHER ALLOWANCES AND CONDITIONS

  1. Once Off Lump Sum Payment

  2. Service Delivery Payment

  3. Additional Service Delivery Payment for Shift Workers

  4. Responsibility Allowance

  5. Overtime Meal Allowance

  6. Reimbursement of Expenses

  7. Incidental Expenses Allowance

  8. First Aid & Mental Health First Aid Allowance

  9. On Call Allowance

  10. Call Out Allowance

  11. Facilities, Equipment and Tools

  12. Corporate Branded Wear

  13. Personal Protective Equipment

PART 11     OTHER MATTERS

  1. Employee Right to Disconnect

  2. Workload

  3. Christmas Shutdown

  4. Jury Service

  5. Cost of employment related legal proceedings

  6. Retirement and Succession Planning

  7. Use of Personal Motor Vehicles

  8. Union Encouragement

  9. Union Representatives

  10. Protection and Facilities for CPSU Delegates

  11. Union Official Right of Entry

APPENDIX A. APPOINTED OFFICERS

APPENDIX B.     WORK LEVEL DESCRIPTORS

GENERAL PAY STRUCTURE WORK LEVEL DESCRIPTORS

TECHNICAL SPECIALIST WORK LEVEL DESCRIPTORS

SCHEDULE 1.    GENERAL PAY STRUCTURE

SCHEDULE 2.    APPOINTED OFFICER PAY STRUCTURE

SCHEDULE 3.    TECHNICAL SPECIALIST PAY STRUCTURE

SIGNATURE PAGE

ANNEXURE B

Band 1-Dec-24 1-Dec-25 1-Dec-26 1-Dec-27
Band 6
6.6 $107,126 $110,340 $113,650 $117,060
6.5 $105,739 $108,911 $112,178 $115,544
6.4  $104,243  $107,370  $110,591  $113,909
6.3  $102,747  $105,829  $109,004  $112,274
6.2  $101,250  $104,288  $107,417  $110,640
6.1  $99,754  $102,747  $105,829  $109,004
Band 5
5.6  $96,931  $99,839  $102,834  $105,919
5.5  $95,518  $98,384  $101,336  $104,376
5.4  $94,106  $96,929  $99,837  $102,832
5.3  $92,840  $95,625  $98,494  $101,449
5.2  $91,574  $94,321  $97,151  $100,066
5.1  $90,308  $93,017  $95,808  $98,682
Band 4
4.6  $87,777  $90,410  $93,122  $95,916
4.5  $86,511  $89,106  $91,779  $94,532
4.4  $85,287  $87,846  $90,481  $93,195
4.3  $84,063  $86,585  $89,183  $91,858
4.2  $82,841  $85,326  $87,886  $90,523
4.1  $81,617  $84,066  $86,588  $89,186
Band 3
3.6  $79,306  $81,685  $84,136  $86,660
3.5  $78,150  $80,495  $82,910  $85,397
3.4  $76,995  $79,305  $81,684  $84,135
3.3  $75,911  $78,188  $80,534  $82,950
3.2  $74,826  $77,071  $79,383  $81,764
3.1  $73,742  $75,954  $78,233  $80,580
Band 2
2.6  $71,574  $73,721  $75,933  $78,211
2.5  $70,490  $72,605  $74,783  $77,026
2.4  $69,493  $71,578  $73,725  $75,937
2.3  $68,495  $70,550  $72,667  $74,847
2.2  $67,498  $69,523  $71,609  $73,757
2.1  $66,500  $68,495  $70,550  $72,667
Band 1
1.6  $64,618  $66,557  $68,554  $70,611
1.5  $63,677  $65,587  $67,555  $69,582
1.4  $62,736  $64,618  $66,557  $68,554
1.3  $61,809  $63,663  $65,573  $67,540
1.2  $60,895  $62,722  $64,604  $66,542
1.1  $59,994  $61,794  $63,648  $65,557
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