Application for approval of the Victoria Legal Aid Enterprise Agreement 2024 - 2028

[1] An application has been made for approval of an enterprise agreement known as Victoria Legal Aid Enterprise Agreement 2024 - 2028 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Victoria Legal Aid (Employer). The Agreement is a single enterprise agreement.

[2] I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.1(e) of the Agreement, 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:

• Clause 5.3 - Requests for flexible working arrangements, as it is slightly more restrictive than s 65 of the Act, omitting that an employee can also make a request for flexible working arrangements if pregnant (see s 65aa).

[3] The Employer has provided written undertakings. A copy of the undertakings is attached at 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] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[5] The Community and Public Sector Union (CPSU) 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.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 June 2025. The nominal expiry date of the Agreement is 1 December 2028.

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