VEC Plant and Equipment

[2019] FWCA 6179

[2019] FWCA 6179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VEC Plant and Equipment
(AG2019/2699)

VEC PLANT AND EQUIPMENT PTY LTD VICTORIA CIVIL CONSTRUCTION CFMMEU AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the VEC Plant and Equipment Pty Ltd Victoria Civil Construction CFMMEU Agreement 2018.

[1] VEC Plant and Equipment (the Employer) has made an application for approval of a greenfields agreement known as the VEC Plant and Equipment Pty Ltd Victoria Civil Construction CFMMEU Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.

[4] I observe that clause 16.4 and clause 17 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement was approved on 4 September 2019 and, in accordance with s 54, will operate from 11 September 2019. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE505141  PR712032>

Annexure A