austlii:cth/FWCA/2025/4457
General information, not legal advice.
FWCA
2025-12-30
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Victorian Canine Association Trading AS Dogs Victoria
DOGS VICTORIA SINGLE ENTERPRISE AGREEMENT 2026-2028
Application for approval of the Dogs Victoria Single Enterprise Agreement 2026-2028
[1] Victorian Canine Association (ABN: 97 452 215 878) has applied for approval of an enterprise agreement known as the Dogs Victoria Single Enterprise Agreement 2026-2028 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
Clause 5.5 - Casual conversion
Clause 7.3 - Personal/carer's leave - cashing out
Clause 9.4 - Personal/carer's leave
Clause 9.5 - Compassionate leave
Clause 10.1 - Termination of employment
[4] Clause 3.3 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[6] The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the ASU.
[7] The Agreement is approved and despite Clause 3.4, will operate from 6 January 2026, in accordance with s 54 of the Act
[8] In accordance with clause 3.4, the nominal expiry date of the Agreement is 31 December 2028.
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