VAPA Contractors Pty Ltd Summary

[2013] FWCA 7519

FAIR WORK COMMISSION

DECISION

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

VAPA Contractors Pty Ltd
(AG2013/9520)

VAPA CONTRACTORS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the VAPA Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the VAPA Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VAPA Contractors Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 October 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of VAPA Contractors Pty Ltd, an application was brought before the Fair Work Commission for the approval of the VAPA Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The dispute centered around the terms and conditions outlined in the enterprise agreement, specifically seeking endorsement and formal recognition by the Commission.

The legal issues before the Commission were multifaceted, focusing primarily on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly concerning the "better off overall test" (BOOT). The Commission had to determine if the agreement provided employees with a minimum total remuneration package that was at least as good as the relevant award or applicable enterprise agreement. Further, the Court examined whether the agreement adhered to the procedural requirements for its formation, including the involvement of genuine bargaining between the employer and the union.

The Fair Work Commission held that the VAPA Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 met the necessary legal criteria. The Commission found that the agreement was the product of genuine bargaining and satisfied the BOOT. It provided employees with a remuneration package that was at least as good as the applicable award, thereby fulfilling the statutory requirements. Consequently, the application for approval was successful, and the agreement was endorsed by the Commission.

The Commission's final orders included the formal approval and endorsement of the VAPA Contractors Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The agreement was to be registered with the Commission and would apply to all employees covered by its terms.

VAPA Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established