[1] VicGrid Body Corporate (ABN: 56 367 315 313) has applied for approval of an enterprise agreement known as the VicGrid Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a greenfields agreement.

[3] The agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] In accordance with s 187(5)(a) of the Act, I am satisfied that the Community and Public Sector Union (CPSU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 48 - Annual leave

• Clause 54.3(a) - Personal leave

[6] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[7] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[8] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CPSU and that the Agreement covers this organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1, will operate from 1 November 2025.

[10] In accordance with clause 3.1, the nominal expiry date of the Agreement is 31 October 2027.

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