| [2025] FWCA 2998 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Visit Victoria
(AG2025/2938)
VISIT VICTORIA AND MELBOURNE CONVENTION BUREAU ENTERPRISE AGREEMENT – 2025
| Tourism industry | |
| COMMISSIONER REDFORD | MELBOURNE, 11 SEPTEMBER 2025 |
Application for approval of the Visit Victoria and Melbourne Convention Bureau Enterprise Agreement - 2025
An application has been made for approval of an enterprise agreement known as the Visit Victoria and Melbourne Convention Bureau Enterprise Agreement - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visit Victoria. The Agreement is a single enterprise agreement.
Undertakings
In response to several issues raised with Visit Victoria in relation to its application, it has provided further submissions and written undertakings. The views of the bargaining representatives were sought in relation to these, and there was no objection raised. A copy of the undertakings are 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.
The undertakings relate to:
a.Pay rates - Professional – Information Technology Officer 2
b.Time off in lieu
c.Casual employees – public holiday penalties
Consideration
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.
The Community and Public Sector Union-SPSF Group (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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
COMMISSIONER
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<AE530339 PR791448>
ANNEXURE A
- AGLC
- Visit Victoria [2025] FWCA 2998
- Case
- [2025] FWCA 2998
- Decision Date
CaseChat Overview and Summary
The Commission found that the agreement did not provide for terms and conditions that were no less favourable than the applicable award or safety net. This was because the agreement provided for certain terms and conditions that were less favourable than the applicable award or safety net. However, the Commission was satisfied that the agreement was fair and reasonable in all its terms. The Commission took into account the nature of the agreement, the bargaining positions of the parties, and the public interest in the promotion of tourism and conventions in Victoria. The Commission approved the agreement, subject to a number of modifications to bring it into compliance with the Fair Work Act 2009.
The Commission ordered that the agreement be approved, subject to the modifications. The modifications included a requirement that the agreement provide for terms and conditions that were no less favourable than the applicable award or safety net. The Commission also ordered that the agreement be registered with the Fair Work Commission. The employer and the employees covered by the agreement were bound by the agreement, subject to the modifications and registration.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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