DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vac Group Operations Pty Ltd
(AG2019/31)

VAC GROUP OPERATIONS PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 AUGUST 2019

Application for approval of the Vac Group Operations Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Vac Group Operations Pty Ltd Enterprise Agreement 2019-2023 (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 Operations Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 28 August 2019 and, in accordance with s.54, will operate from 4 September 2019. The nominal expiry date of the Agreement is 27 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Vac Group Operations Pty Ltd Enterprise Agreement 2019-2023. The application was brought by Vac Group Operations Pty Ltd, and the dispute arose between the employer and the Australian Manufacturing Workers' Union, representing the employees. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained the minimum terms and conditions required by the Act, whether it had been fairly negotiated, and if it complied with the good faith bargaining provisions. The Commission also considered the fairness of the agreement in terms of its overall impact on the employees and whether it met the "better off overall test".

The Commission found that the agreement contained all the required minimum terms and conditions, and there was evidence of genuine negotiation between the parties. The Commission also determined that the agreement was fairly negotiated and met the good faith bargaining requirements. Importantly, the Commission concluded that the agreement was better off overall for the employees, taking into account the overall benefits provided, including wage increases, improved leave provisions, and other benefits. The Commission approved the agreement, noting that it was in the best interests of the employees and the employer.

The Commission's decision was to approve the Vac Group Operations Pty Ltd Enterprise Agreement 2019-2023, with the approval taking effect from the date of the decision. The employer and the union were directed to take all necessary steps to give effect to the approved agreement.

Vac Group Operations 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