DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vac Group Employees Pty Ltd
(AG2016/2006)

VAC GROUP EMPLOYEES ONSITE ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Vac Group Employees Onsite Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Vac Group Employees Onsite Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vac Group Employees Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2016. The nominal expiry date of the Agreement is 25 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Vac Group Employees Pty Ltd, the Fair Work Commission was tasked with determining the application for approval of the Vac Group Employees Onsite Enterprise Agreement 2016-2020. The application was made by the employer, Vac Group Employees Pty Ltd, seeking approval for the proposed enterprise agreement which was intended to govern the employment conditions of the onsite employees. The dispute centred on the adequacy and fairness of the proposed agreement, with particular attention to compliance with the relevant legislative provisions and the protection of employee rights.

The legal issues before the court involved the scrutiny of the proposed agreement against the backdrop of the Fair Work Act 2009. The Commission was required to assess whether the agreement met the criteria for approval under section 232 of the Act, which includes provisions on good faith bargaining, coverage, and procedural fairness. Additionally, the court needed to determine if the agreement provided appropriate protections and entitlements for the employees, and whether any terms contravened the provisions of the National Employment Standards or the applicable award.

The Commission's reasoning focused on the procedural integrity of the bargaining process and the substantive content of the agreement. It was determined that the employer had engaged in good faith bargaining, as evidenced by the comprehensive negotiation process and the involvement of employee representatives. The substantive terms of the agreement were found to be reasonable and fair, providing adequate protections and benefits for the employees. The Commission also noted that the proposed agreement did not contain any terms that contravened the National Employment Standards or the relevant award. Consequently, the Commission approved the application for the agreement to be registered.

The final orders of the Commission included the registration of the Vac Group Employees Onsite Enterprise Agreement 2016-2020, effective from the date of the decision. This registration validated the agreement as a legally binding instrument governing the employment conditions of the onsite employees, subject to the terms and protections outlined within the agreement.

Vac Group Employees 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