CORRECTION TO DECISION

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

Vesuvius Australia Pty Ltd
(AG2015/1787)

VESUVIUS AUSTRALIA EMPLOYEES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 FEBRUARY 2015

Application for approval of the Vesuvius Australia Employees Enterprise Agreement 2015.

[1] The decision issued by the Fair Work Commission on 13 February 2015 [2015] FWCA 1077 (PR561039) is corrected as follows:

1. By deleting paragraph [3] and renumbering subsequent paragraphs accordingly.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vesuvius Australia Pty Ltd, the applicant, sought approval of a single enterprise agreement under the Fair Work Act 2009. The respondents, the Vesuvius Australia Employees, were employees of the applicant company. The dispute centred around the approval of the Vesuvius Australia Employees Enterprise Agreement 2015, which aimed to regulate the terms and conditions of employment for the employees. The case was heard by the Fair Work Commission, which has jurisdiction over matters related to workplace relations and employment agreements.

The primary legal issue before the court was whether the Vesuvius Australia Employees Enterprise Agreement 2015 complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for approval, including whether it provided for the terms and conditions of employment, and if it had been made in good faith. Additionally, the court considered whether the agreement contained any provisions that might unfairly disadvantage employees or contravene any provisions of the Fair Work Act.

In reaching its decision, the Fair Work Commission reviewed the agreement and the evidence provided by both parties. The court found that the agreement contained provisions that were in accordance with the Fair Work Act and that it had been made in good faith. The court also determined that the agreement did not unfairly disadvantage employees and did not contravene any provisions of the Fair Work Act. As a result, the Fair Work Commission approved the Vesuvius Australia Employees Enterprise Agreement 2015.

The final orders of the Fair Work Commission were that the Vesuvius Australia Employees Enterprise Agreement 2015 be approved as a single-enterprise agreement under section 185 of the Fair Work Act 2009. The decision to approve the agreement was made on the basis that it met the necessary requirements and was in the best interests of both the employer and the employees.

Vesuvius Australia Pty Ltd

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established