VSL Australia Pty Ltd

[2025] FWCA 3338

[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

1. 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

1. 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

1. 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. 

1. 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

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.

1. 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

<AE530665  PR792379>

ANNEXURE A