LOGICAL PROPERTY SERVICES VIVA ENERGY AUSTRALIA GEELONG ENTERPRISE AGREEMENT 2025

Application for approval of the Logical Property Services Viva Energy Australia Geelong Enterprise Agreement 2025

[1] Logical Property Services Pty Ltd trading as Logical Property Services (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Logical Property Services Viva Energy Australia Geelong Enterprise Agreement 2025 (the Agreement).

[2] The Australian Workers' Union (AWU) 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 AWU.

[3] The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 16.4 of the Agreement provides that in the case of termination, if an employee fails to give the required notice, the Employer may withhold from any wages due to the employee on termination, less any period of notice given by the employee. Specifically, clause 16.4 does not limit the source of monies which may be deducted, which may permit the Employer to withhold monies owing to the employee under NES. This clause is inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

• Clause 36 of the Agreement relating to notice requirements for absence must be given as soon as practicable, which in extraordinary circumstances may be at a time after the leave has started. This is more restrictive than s.107(2)(a) of the Act which provides that notice must be given as soon as practicable, which may be a time after the leave has started.

[4] However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] I accept the Employer's submission that it is not reasonably foreseeable that trainees will be engaged under this Agreement, and therefore, I do not need to determine the Better Off Overall Test (BOOT) in relation trainees.

[6] Clause 33 of the Agreement, relating to Time Off In Lieu (TOIL), purports to allow employees to take TOIL but does not provide the safeguards provided in clause 19.5 of the Cleaning Services Award 2020[1]. This raises BOOT concerns. The Employer provided an undertaking to resolve this issue, stating that any agreement to take time off instead of payment for overtime will be recorded in writing, and employees can request payment of accrued but unused TOIL at the overtime rate at any time. Further, any untaken TOIL will be paid out at the relevant overtime rate after six months, or on termination of employment.

[7] Clause 35 of the Agreement, relating to directions to take excessive annual leave, provides that the Employer may direct an employee to take accrued annual leave where accrual is more than eight weeks. I raised a BOOT concern that the Agreement contains less beneficial safeguards than clause 21.5 of the Award. The Employer provided an undertaking to resolve this issue, stating that any direction to take annual leave will be consistent with clause 21.5 of the Award.

[8] A copy of the undertakings is attached in 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.

[9] 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.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2025. The nominal expiry date of the Agreement is 31 December 2027.

[1] MA000022.

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