QUEEN VICTORIA MARKET ENTERPRISE AGREEMENT 2025-2028

Application for approval of the Queen Victoria Market Enterprise Agreement 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the Queen Victoria Market Enterprise 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 Queen Victoria Market Pty Ltd Trading As Queen Victoria Market. The Agreement is a single enterprise agreement.

[2] I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR was provided to employees in the body of an email rather than in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

[3] The Employer has provided written undertakings. 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.

[4] The undertakings provide for juniors performing level 1 and level 2 work in the QVM online category. The provision of a percentage of the adult rate in level 1 and 2 addresses the Commission's concerns. Further I do observe that the rate for a junior under 17 in level 1 is $14.24 per hour and at 17 in level 1 is $16.83 per hour.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Local Government Industry Award 2020 [MA000112] is taken to be a term of the Agreement.

[7] The Australian Municipal, Administrative, Clerical and Services Union 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 organisation.

[8] The Agreement is approved and in accordance with s.54, will operate from 18 March 2026. The nominal expiry date of the Agreement is 30 June 2028.

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