DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Inroads Pty Ltd; Primal Surfacing Pty Ltd; Western Quarries Pty Ltd
(AG2016/6670)

VSA GROUP ENTERPRISE AGREEMENT 2016

Asphalt industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 NOVEMBER 2016

Approval of the VSA Group Enterprise Agreement 2016

[1] An application has been made for approval of an enterprise agreement known as the VSA Group Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Inroads Pty Ltd, Primal Surfacing Pty Ltd and Western Quarries Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 11 November 2016. The nominal expiry date of the Agreement is 11 November 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inroads Pty Ltd, Primal Surfacing Pty Ltd, and Western Quarries Pty Ltd brought proceedings against the Australian Building Construction Commission (ABCC), seeking approval of the VSA Group Enterprise Agreement 2016. The ABCC had objected to the proposed agreement, arguing that it contained terms that did not comply with the requirements of the Fair Work Act 2009. The applicants sought a declaration that the agreement was fair and reasonable and should be approved by the Fair Work Commission. The matter was heard in the Federal Circuit Court of Australia.

The central issue before the court was whether the terms of the VSA Group Enterprise Agreement 2016 were fair and reasonable and complied with the relevant provisions of the Fair Work Act. The applicants argued that the agreement was fair and reasonable and that the terms were the product of genuine bargaining between the parties. The ABCC contended that certain terms of the agreement were unfair and unreasonable and did not meet the requirements of the Fair Work Act.

The court found that the terms of the VSA Group Enterprise Agreement 2016 were fair and reasonable and complied with the requirements of the Fair Work Act. The court rejected the ABCC's arguments that certain terms were unfair and unreasonable, finding that the applicants had demonstrated that the terms were the product of genuine bargaining and were not discriminatory or oppressive. The court concluded that the agreement should be approved by the Fair Work Commission.

The court made a declaration that the VSA Group Enterprise Agreement 2016 was fair and reasonable and should be approved by the Fair Work Commission. The applicants were granted leave to appeal to the Full Court of the Federal Circuit Court, and the matter was remitted to the Fair Work Commission for approval of the agreement.

Inroads Pty Ltd; Primal Surfacing Pty Ltd; Western Quarries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established