Vaughan Civil Pty Ltd T/A Vaughan Civil

[2023] FWCA 1716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vaughan Civil Pty Ltd T/A Vaughan Civil

(AG2023/1558)

VAUGHAN CIVIL PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 JUNE 2023

Application for approval of the Vaughan Civil Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Vaughan Civil Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vaughan Civil Pty Ltd T/A Vaughan Civil. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 15 June 2023 and, in accordance with s.54, will operate from 22 June 2023. The nominal expiry date of the Agreement is 15 June 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Vaughan Civil Pty Ltd, trading as Vaughan Civil, which sought approval for its 2023 Enterprise Agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The central issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues focused on whether the agreement contained all the mandatory terms required by the Fair Work Act, was free from prohibited content, and complied with the good faith bargaining requirement. The court needed to examine the content of the agreement to ensure it met these criteria.

The Fair Work Commission considered the nature and purpose of the agreement, the bargaining process, and the terms contained within. It found that the agreement contained all the mandatory terms, was free from prohibited content, and was the product of genuine bargaining. The Commission emphasised the importance of fair and transparent bargaining processes and the necessity for agreements to be fair and reasonable. Given these findings, the Commission approved the Vaughan Civil Pty Ltd Enterprise Agreement 2023.

The final orders included the approval of the Enterprise Agreement, subject to the terms and conditions specified within the agreement itself. The Commission also mandated that both parties adhere to the terms of the agreement and abide by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established