VSL Australia Pty Ltd

[2025] FWCA 3338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

VSL Australia Pty Ltd

(AG2025/3320)

VSL AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025 - 2029

Building, metal and civil construction industries
COMMISSIONER REDFORD	MELBOURNE, 8 OCTOBER 2025

Application for approval of the VSL Australia Pty Ltd Enterprise Agreement 2025 – 2029

An application has been made for approval of an enterprise agreement known as the VSL Australia Pty Ltd Enterprise Agreement 2025 – 2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VSL Australia Pty Ltd. The Agreement is a single enterprise agreement.

Notice of Employee Representational Rights

The Notice of Employee Representational Rights (NERR) distributed to employees on appears to have a different name for the Agreement to that which was eventually made. This may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. However, I am satisfied that this is a minor or technical error and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

Undertakings

In response to several issues raised with VSL Australia Pty Ltd in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I note that the views of the employee bargaining representatives were sought in relation to the undertakings, and there was no objection. 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.Overtime - clause 7.3.1 of the Agreement
b.Casual employees - ordinary hours - clause 7.1.2 of the Agreement
c.Night shift and day shift definitions

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the VSL Australia Pty Ltd Enterprise Agreement 2025 – 2029. The dispute involves the employer, VSL Australia Pty Ltd, and several unions representing the employees. The unions sought approval for the enterprise agreement, which was negotiated between the parties, but the employer raised objections. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the legal requirements for approval.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, including provisions related to good faith bargaining, the coverage of employees, and the inclusion of terms that were fair and reasonable. The Commission also had to consider whether the agreement provided for the proper protection of employees' interests, including provisions for wages, hours of work, and other conditions of employment.

After examining the evidence and arguments presented by both parties, the Commission found that the enterprise agreement substantially complied with the requirements of the Fair Work Act. The Commission noted that the agreement was the product of genuine and meaningful negotiations between the parties and that it contained provisions that were fair and reasonable for the employees. The Commission also determined that the agreement provided adequate protections for employees' interests, including provisions for wage increases, overtime, and other conditions of employment. The Commission concluded that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the VSL Australia Pty Ltd Enterprise Agreement 2025 – 2029, subject to certain modifications to address the Commission's concerns about the clarity and enforceability of some provisions. The modifications related to the calculation of overtime rates, the definition of shift allowances, and the process for resolving disputes between employees and the employer. The Commission noted that the modifications were minor and did not substantially alter the terms of the agreement. The employer and the unions were directed to implement the modified agreement, which would now be binding on all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established