DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VEC Civil Engineering Pty Ltd
(AG2017/2462)

VEC CIVIL ENGINEERING PTY LTD TASMANIAN ENTERPRISE AGREEMENT 2014-2019 STRUCTURES, CIVIL, STEEL

Tasmania
COMMISSIONER JOHNS	SYDNEY, 15 AUGUST 2017

Application for approval of the VEC Civil Engineering Pty Ltd Tasmanian Enterprise Agreement 2014-2019 Structures, Civil, Steel.

[1] On 26 June 2017 VEC Civil Engineering Pty Ltd (Applicant) made an application for approval of the VEC Civil Engineering Pty Ltd Tasmanian Enterprise Agreement 2014-2019 Structures, Civil, Steel (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Construction, Forestry, Mining and Energy Union has been provided with the undertakings.

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

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 22 August 2017. The nominal expiry date of the Agreement is 15 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

VEC Civil Engineering Pty Ltd, a company operating in the structures, civil, and steel industry, applied to the Fair Work Commission for the approval of the VEC Civil Engineering Pty Ltd Tasmanian Enterprise Agreement 2014-2019 Structures, Civil, Steel. The applicant sought the agreement's approval under section 232 of the Fair Work Act 2009 to be applicable to its employees in Tasmania.

The legal issues before the Commission involved assessing whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, specifically sections 230 and 231, which outline the requirements for the making of an enterprise agreement and the minimum terms and conditions that must be covered by such agreements. The Commission also needed to determine if the agreement was in the best interests of the employees and whether it met the requirements for "direct" and "indirect" employees.

In reaching its decision, the Commission considered the submissions and evidence provided by the applicant and any other interested parties. It found that the proposed agreement met the necessary criteria under the Fair Work Act, including the provision of minimum terms and conditions, and was in the best interests of the employees. The Commission also concluded that the agreement appropriately covered both direct and indirect employees. Consequently, the Commission approved the enterprise agreement, which will now apply to the employees of VEC Civil Engineering Pty Ltd in Tasmania.

VEC Civil Engineering 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