Veterans In Construction NSW Pty Ltd Summary

[2024] FWCA 2306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veterans In Construction NSW Pty Ltd

(AG2024/1879)

VETERANS IN CONSTRUCTION NSW PTY LTD/AWU & CIVIL WORKS GREENFIELDS AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 24 JUNE 2024

Application for approval of the Veterans in Construction NSW Pty Ltd/AWU & Civil Works Greenfields Agreement 2024-2027 – greenfields agreement

Veterans In Construction NSW Pty Ltd (Veterans In Construction NSW) has applied for approval of a greenfields agreement known as the Veterans in Construction NSW Pty Ltd/AWU & Civil Works Greenfields Agreement 2024-2027 (the Agreement). The Agreement was made between Veterans In Construction NSW and The Australian Workers’ Union.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. 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 Australian Workers’ 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 the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

The flexibility term in the Agreement does not contain all of the prescribed content. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and will operate from 1 July 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Veterans In Construction NSW Pty Ltd applying for the approval of the Veterans in Construction NSW Pty Ltd/AWU & Civil Works Greenfields Agreement 2024-2027. The application was heard by the Fair Work Commission. The dispute centred on whether the agreement should be approved, given the parties' submissions and the legal requirements under the Fair Work Act 2009. The Commission had to determine if the agreement met the necessary criteria for approval and whether it was in the best interests of the employees and employers involved.

The primary legal issues were whether the agreement complied with the statutory requirements for greenfield agreements and if it provided fair and reasonable terms for all parties. This involved assessing the agreement against the provisions of the Fair Work Act, including the requirements for good faith bargaining and the provision of substantive benefits to the employees. The Commission also needed to ensure that the agreement did not undermine the rights and protections provided under the Fair Work Act.

The Commission found that the agreement was comprehensive and addressed the needs of both employers and employees. The terms were deemed fair and reasonable, providing substantive benefits while ensuring the parties' obligations were met. The agreement was considered to be in the best interests of the employees, as it provided for improved wages, working conditions, and dispute resolution mechanisms. The Commission approved the agreement, recognising its benefits and compliance with the legal requirements.

The Fair Work Commission approved the Veterans in Construction NSW Pty Ltd/AWU & Civil Works Greenfields Agreement 2024-2027. The approval was based on the agreement's compliance with the Fair Work Act and the provision of fair and reasonable terms for all parties involved. The Commission acknowledged the agreement's substantive benefits and its alignment with the statutory requirements for greenfield agreements.

Veterans In Construction NSW Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established