austlii:cth/FWCA/2025/1131
General information, not legal advice.
FWCA
2025-04-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
R&L Services Victoria Pty Ltd As Trustee For Victorian R&L Services Trust Trading AS Vicroads
Application for approval of the VicRoads R&L Services Enterprise Agreement 1
[1] An application has been made for approval of an enterprise agreement known as the VicRoads R&L Services Enterprise Agreement 1 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by R&L Services Victoria Pty Ltd as Trustee for Victorian R&L Services Trust Trading as VicRoads (the Applicant). The Agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 19 March 2025.
[3] The notification time for the Agreement under s.173(2) was 8 November 2024 and the Agreement was made on 28 February 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
[4] On 27 March 2025, the Employer was invited to address aspects of the Agreement.
[5] The Australian 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) of the Act I note that the Agreement covers this organisation.
[6] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2028.

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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