Vesuvius Australia Pty Ltd T/A Vesuvius Summary

[2017] FWCA 6811

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Vesuvius Australia Pty Ltd T/A Vesuvius

(AG2017/5988)

Vesuvius Australia Employees Enterprise Agreement 2018

Manufacturing and associated industries
Commissioner Johns	CANBERRA, 18 DECEMBER 2017

Application for approval of the Vesuvius Australia Employees Enterprise Agreement 2018.

On 5 December 2017 Vesuvius Australia Pty Ltd T/A Vesuvius (Applicant) made an application for approval of the Vesuvius Australia Employees Enterprise Agreement 2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Construction, Forestry, Mining and Energy Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers the organisations.
The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 25 December 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vesuvius Australia Pty Ltd T/A Vesuvius applied for approval of the Vesuvius Australia Employees Enterprise Agreement 2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute primarily revolved around whether the agreement contained mandatory terms that were not permitted under the Act, specifically in relation to redundancy payments.

The legal issues before the Commission included whether the agreement's provisions regarding redundancy payments were permissible under the Act. The applicant argued that the terms were necessary to address the unique circumstances of the workforce, while the objectors contended that the provisions contravened the Act by altering the entitlement to redundancy pay. The Commission needed to ascertain whether the agreement complied with the legislative framework governing enterprise agreements.

In reaching its decision, the Commission considered the statutory provisions of the Fair Work Act and relevant case law. It found that the agreement's provisions regarding redundancy payments did not contravene the Act, as they were considered necessary to address the specific circumstances of the applicant's workforce. The Commission approved the agreement, noting that it met all the necessary requirements under the Act. The decision underscored the importance of ensuring that enterprise agreements are tailored to the specific needs of the workforce while remaining compliant with legislative standards.

Vesuvius Australia Pty Ltd T/A Vesuvius

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established