NHVR (OPERATIONAL AND ON-ROAD REGULATORY) ENTERPRISE AGREEMENT 2025-2028

Application for approval of the NHVR (Operational and On-Road Regulatory) Enterprise Agreement 2025-2028

[1] The National Heavy Vehicle Regulator (Employer) has made an application for approval of an enterprise agreement known as the NHVR (Operational and On-Road Regulatory) Enterprise Agreement 2025-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the Statement of Principles.[1]

[3] I observe that clause 20.3.4 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the CPSU, the Community and Public Sector Union (CPSU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

[5] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the ASU and the CPSU.

[6] The Agreement is approved. Clause 1.6 of the Agreement states that the Agreement will commence operation from 24 May 2025, or the first day of the Pay Period starting 7 days after its approval by the Fair Work Commission. The Employer advised that it operates a fortnightly pay period and the first full pay period to commence 7 days after the date of this decision commences on Saturday 31 May 2025.

[7] Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Friday, 30 May 2025. The nominal expiry date of the Agreement is 7 March 2028.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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