austlii:cth/FWCA/2026/229
General information, not legal advice.
FWCA
2026-02-04
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
ORIKAN AUSTRALIA PTY LTD / PARKING OFFICER VIC AGREEMENT 2025 - 2028
Application for approval of the Orikan Australia Pty Ltd / Parking Officer VIC Agreement 2025 - 2028
[1] An application has been made for approval of an enterprise agreement known as the Orikan Australia Pty Ltd / Parking Officer VIC Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orikan Australia T/A Orikan Australia Pty Ltd (Orikan). The Agreement is a single enterprise agreement.
[2] In response to several issues raised with Orikan in relation to its application, it has provided written undertakings, a copy of which are 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.
[3] The undertakings relate to:
Overtime
Public Holidays
[4] As the Agreement does not contain a workplace delegates rights term, Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the relevant Award is taken to be a term of the Agreement.
[5] 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.
[6] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 ASU.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
Printed by authority of the Commonwealth Government Printer
ANNEXURE A
