Application for approval of the Energy Safe Victoria Enterprise Agreement 2024.

[1] An application has been made for approval of an enterprise agreement known as the Energy Safe Victoria Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Victorian Energy Safety Commission Trading AS Energy Safe Victoria (the Applicant). The Agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 April 2025.

[3] The notification time for the Agreement under s.173(2) was 4 April 2024 and the Agreement was made on 8 April 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] "The Australian Workers' Union" and "The Association of Professional Engineers, Scientists and Managers, Australia", being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] 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.

[6] 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 June 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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