Tenants Victoria Ltd Trading As Tenants Victoria

Application for variation of the Victorian Community Legal Centres Multi-Enterprise Agreement 2025-2028

[1] This matter concerns an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU) for the approval of a variation to the Victorian Community Legal Centres Multi-Enterprise Agreement 2025-2028 (the Agreement) to add two employers, Consumer Action Law Centre (CALC) and Tenants Victoria (TV) and their relevant employees, to its coverage. The applications have been made under s.216B of the Fair Work Act 2009 (FW Act).

[2] All of the employees of CALC and TV will be covered by the Agreement, if the variation is made. CALC currently employs 62 employees. TV currently employs 47 employees.

[3] The Agreement was made following a supported bargaining authorisation issued under s.242 and related provisions of the FW Act by Deputy President Hampton on 16 September 2024 (the authorisation).[1] The Agreement was approved by Deputy President Millhouse on 2 July 2025[2] and commenced on 9 July 2025.

[4] The Agreement presently covers two employers, Inner Melbourne Community Legal Inc (IMCL) and Young People's Legal Rights Centre Inc (Youthlaw). IMCL, Youthlaw, CALC and TV are all engaged in the community legal sector.

[5] The Agreement is underpinned by the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). The ASU are also covered by the Agreement.

[6] The ASU has brought the application on the basis that a majority of the employees who are employed by each of the CALC and TV want to be covered by the Agreement and it is appropriate for the employees to be covered by the Agreement.

[7] I have approved the variation sought for the reasons set out below.

[8] The application was initially listed for a case management conference before me on 17 October 2025. Prior to the case management conference both CALC and TV advised that they consented to the application but sought that the variation operate from 1 December 2025 for TV and 1 April 2026 for CALC. The ASU initially opposed delaying the commencement date of the variation. However, at the case management conference, the ASU foreshadowed that agreement might be reached between the parties in relation to this matter.

[9] Following the case management conference, the ASU advised my Chambers by email dated 17 October 2025 that the parties had reached an agreed position that the operative date of the variation in respect of both TV and CALC would be 1 December 2025.

[10] In response to directions made on 17 October 2025, the ASU filed a witness statement by Ms Phillipa Balk, Assistant Branch Secretary dated 31 October 2025. The ASU advised that CALC and TV agreed with the matters set out in Ms Balk's statement. I have also had regard to the Form F23EA declarations filed by Ms Balk on behalf of the ASU with the application and the Form F23DA Employer's declaration filed by CALC and TV.

[11] The parties consented to the application being determined on the papers.

[12] Subdivisions AA and AB of Part 2-4, Division 7 of the FW Act set out two different ways in which a supported bargaining agreement may be varied which has the effect that an employer that was not covered by the agreement will be covered by it. Once the employer is covered by the agreement, any of their employees who the agreement is expressed to cover will also be covered by it.

[13] Subdivision AA deals with variation of a supported bargaining agreement that has been made jointly by an employer and the affected employees. Subdivision AA has been considered in Applications for variations of the Early Childhood Education and Care Multi-Employer Agreement 2024-2026 to add employers and their employees,[3] and subsequent decisions in relation to applications to add employers and their employees to the Early Childhood Education and Care Multi-Employer Agreement 2024-2026.

[14] Subdivision AB deals with variation of a supported bargaining agreement that has been made by an employee organisation that is covered by a supported bargaining agreement. The application before me has been made by the ASU under the provisions of subdivision AB.

[15] Subdivision AB provides:

Subdivision AB - Variation of supported bargaining agreement to add employer and employees (without consent)

216B Application for the FWC to vary a supported bargaining agreement to add employer and employees

(1) An employee organisation that is covered by a supported bargaining agreement may apply to the FWC for a variation of the agreement that has the effect that an employer that was not covered by the agreement will be covered by it.

Note: Once the employer is covered by the agreement, any of their employees who the agreement is expressed to cover will also be covered by it. See also the definition of affected employees in section 12.

(a) a signed copy of the variation proposed by the employee organisation; and

(b) a copy of the agreement as proposed to be varied; and

(c) any declarations that are required by the procedural rules to accompany the application.

(3) The regulations may, for the purposes of this Subdivision, prescribe requirements relating to the signing of variations.

216BA When the FWC must make a variation of a supported bargaining agreement to add employer and employees

(1) If an application for the FWC to vary a supported bargaining agreement is made under section 216B, the FWC must make the variation if the FWC is satisfied that:

(i) who are employed by the employer at a time determined by the FWC; and

(ii) who will be covered by the agreement as proposed to be varied;

(b) it is appropriate for the employees to be covered by the agreement.

(2) In determining whether it is satisfied that it is appropriate for the employees to be covered by the agreement:

(i) each employee organisation covered by the agreement; and

(ii) the employer that will be covered by the agreement if the variation is made; and

(b) the FWC may have regard to the matters referred to in section 243 (when the FWC must make a supported bargaining authorisation).

(3) Despite subsection (1), the FWC must not make the variation if:

(a) as a result of the variation, the agreement would cover employees in relation to general building and construction work; or

(b) the affected employees are covered by an enterprise agreement that has not passed its nominal expiry date.

(4) Despite subsection (1), the FWC must not make the variation if the employer that will be covered by the agreement is specified in a single interest employer authorisation in relation to any of the affected employees.

216BB When the FWC may refuse to make a variation of a supported bargaining agreement to add employer and employees

(1) If an application for the variation of a supported bargaining agreement is made under section 216B, the FWC may refuse to make the variation if the FWC considers that compliance with the terms of the agreement as proposed to be varied may result in:

(a) a person committing an offence against a law of the Commonwealth; or

(b) a person being liable to pay a pecuniary penalty in relation to a contravention of a law of the Commonwealth.

(2) Subsection (1) has effect despite section 216BA (which deals with making variations of supported bargaining agreements without consent).

(3) If the FWC refuses to make a variation of a supported bargaining agreement under this section, the FWC may refer the agreement as proposed to be varied to any person or body the FWC considers appropriate.

If a variation of a supported bargaining agreement is made under section 216BA, the variation operates from the day specified in the decision to make the variation.

[16] In relation to s.216B(1), the application has been made by the ASU, an employee organisation that is covered by the Agreement. The material accompanying the applications complied with the requirements of s.216B(2) of the FW Act and the Fair Work Commission Rules 2024 (Rules).

Section 216BA(1)(a): Do a majority of the employees want to be covered by the Agreement?

[17] Ms Balk declared in relation to TV:

1. The ASU invited employees of TV to sign a petition to demonstrate their desire to be covered by the Agreement.

2. From 12-18 August 2025, a majority of the employees at TV signed a petition in support of varying the Agreement to include them in its coverage.

3. Employee signatures were gathered by filling out the petition online via JotForm which includes the use of an electronic signature.

4. A majority of employees at the employer want to be covered by the Agreement.

[18] In relation to CALC, Ms Balk declared:

1. The ASU invited employees of CALC to sign a petition to demonstrate their desire to be covered by the Agreement.

2. From 1-21 August 2025, a majority of the employees of CALC signed a petition in support of varying the Agreement to include them in its coverage.

3. Employee signatures were gathered by filling out the petition online via JotForm which includes the use of an electronic signature.

4. A majority of employees at the employer want to be covered by the Agreement.

[19] On the basis of the matters in the declaration made by Ms Balk, which have not been contested by either TV or the CALC, I am satisfied that a majority of employees of TV and a majority of employees of CALC want to be covered by the Agreement.

Section 216BA(1)(b): Is it appropriate for the employees to be covered by the Agreement?

[20] In determining whether I am satisfied that it is appropriate for the employees to be covered by the Agreement, I am required to take into account the views of each employee organisation covered by the Agreement and the employer(s) that will be covered by the Agreement if the variation is made. I may also have regard to the matters referred to in s.243.

[21] The only employee organisation which is covered by the Agreement is the ASU. Having brought the application, the ASU is giving effect to its members' wishes to be covered by the Agreement and can therefore be regarded as supportive of those wishes. Both the CALC and TV consent to the variation.

[22] In relation to the s.243 matters which are relevant to the application before me, I note that in granting the authorisation, Deputy President Hampton found that:

• With respect to the prevailing pay and conditions within the relevant industry or sector, the majority of the employees engaged by the employers (being IMCL and Youthlaw) are generally paid by reference to the SCHADS Award classifications and rates, with some likely exceptions, and that some of the employees who would be covered by the authorisation are award reliant and low paid_._[4]

• The following relevant factors represent, or provide the context for, clearly identified common interests:

o the employers are both located in Melbourne, Victoria.[5]

o the employers are both not-for profit organisations providing community legal services.[6]

o the terms and conditions of employment, are similar but do vary; however, they are based upon the SCHADS Award and are influenced to some degree by the same predecessor instrument being the Community Legal Centres Multi Business Agreement (MBA) Certified Agreement 2006-2009.[7]

o both employers are heavily reliant upon funding from the Commonwealth and Victorian Governments and are subject to largely common regulatory arrangements.[8]

• The application concerned a workforce which is predominately female, that the SCHADS Award is presently subject to a gender undervaluation proceeding before a Full Bench of the Commission, and that granting the authorisation sought would open the prospect of improving rates of pay of a largely female dominated workforce, which would be consistent with the object of the FW Act in s.3(a) concerned with the promotion of gender equality.[9]

[23] I adopt these findings of Deputy President Hampton.

[24] In relation to these matters, Ms Balk gave the following uncontested evidence which I accept:

• The prevailing pay and conditions in the industry are at or near minimum standards as set by the SCHADS Award.
• The SCHADS Award covers and applies to CALC. The Tenants Union of Victoria Ltd Enterprise Agreement 2012 which has a nominal expiry date of 30 June 2014 applies to TV and its employees.
  • CALC and TV share clearly identifiable common interests. Relevantly, they each:

d. have broadly similar terms and conditions of employment; and

e. are substantially funded by the Commonwealth and the state of Victoria.

• CALC and TV share those clearly identifiable common interests with IMCL and Youthlaw, except to the extent that the current terms and conditions of employment are dissimilar due to the Agreement already applying to IMCL and Youthlaw.

[25] Based on my consideration of all of the evidence before me, I am satisfied that it is appropriate for the employees to be covered by the Agreement for the following reasons:

• the ASU, CALC and TV all agree that CALC and TV and their respective employees should be covered by the Agreement;

• The prevailing pay and conditions in the industry are at or near minimum standards as set by the SCHADS Award;

• CALC and TV share clearly identifiable common interests with IMCL and Youthlaw; and

• granting the variation sought would improve rates of pay of a largely female dominated workforce, which would be consistent with the object of the FW Act in s.3(a) concerned with the promotion of gender equality.

Section 216BA(3)(a): Does the Agreement cover employees in the general building and construction industry?

[26] Section 216BA(3)(a) of the FW Act prevents a variation of this kind being approved if it were to cover employees in the general building and construction industry. That term is relevantly defined in s.23B. It is not necessary to set this out here. The variation includes only employees of a kind who are already covered by the Agreement and the authorisation. The Commission in making the authorisation has found that it does not cover employees in the general building and construction industry.[10] I agree with and adopt that finding here.

Section 216BA(3)(b): Are the employees covered by any existing enterprise agreement that has not passed its nominal expiry date?

[27] Section 216BA(3)(b) of the FW Act prevents a variation of this kind being approved if the affected employees are covered by an enterprise agreement that has not passed its nominal expiry date. This does not apply to employees of either CALC or TV.

Section 216BA(4): Are the employees covered by any existing single interest authorisation?

[28] Section 216BA(4) of the FW Act prevents a variation of this kind being approved if the employer concerned is already specified in a single interest employer authorisation. Ms Balk has given evidence which I accept that neither CALC nor TV is specified in a single interest employer authorisation.

[29] Section 216BB of the FW Act provides a (further) discretionary basis to refuse the approval of a variation of this kind. This applies where the Commission considers that compliance with the terms of the agreement may result in a person:

• committing an offence against a law of the Commonwealth; or

• being liable to pay a pecuniary penalty in relation to a contravention of such a law.

[30] The variation is to join an existing approved enterprise agreement following a process consistent with the terms of the FW Act. There is no basis for any such finding in these matters.

[31] I am satisfied that a majority of the employees of each of CALC and TV want to be covered by the Agreement and that it is appropriate for these employees to be covered by the Agreement. I am satisfied that the circumstances referred to in ss.216BA(3) and (4) and 216BB do not apply to the application.

[32] Given my satisfaction with all of the relevant requirements, and having assessed the relevant considerations, I am required to approve the variation.

[33] The variation is approved and attached to this decision as Annexure A.

[34] The Commission has a discretion under s.216BC of the FW Act to determine the date of effect of the variation. The variation in this matter will operate from 1 December 2025 as sought by the ASU, CALC and TV.

[1] [2024] FWC 2491

[2] [2025] FWCA 2177

[3] [2025] FWCA 282

[4] [2024] FWC 2491, [27]-[28]

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