Veterans in Construction Pty Ltd

[2024] FWCA 1247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veterans in Construction Pty Ltd

(AG2024/597)

VETERANS IN CONSTRUCTION & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 8 APRIL 2024

Application for approval of the Veterans In Construction & The Australian Workers’ Union Agreement 2024

An application has been made for approval of an enterprise agreement known as the Veterans In Construction & The Australian Workers’ Union Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Veterans in Construction Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 2 January 2024 and the Agreement was made on 29 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers' 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2024. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Veterans in Construction Pty Ltd and the Australian Workers’ Union. The company sought approval for an enterprise agreement under the Fair Work Act 2009. The union had negotiated the agreement on behalf of the employees, which proposed various terms and conditions of employment, including wages, hours of work, and other employment-related matters. The application was subject to the scrutiny of the Commission to ensure compliance with the statutory requirements and fairness to all parties involved.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act. This involved examining if the agreement provided for fair and reasonable terms and conditions, was free from any illegality, and did not discriminate against any group of employees. The Commission also needed to consider if the agreement had been made in good faith and if the proper procedures for its negotiation and agreement had been followed.

After thorough consideration of the evidence and submissions presented by both parties, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, did not include any illegal provisions, and had been negotiated in good faith. Furthermore, the Commission determined that the agreement did not discriminate against any group of employees and that the proper procedures for its negotiation and agreement had been adhered to. Consequently, the Commission approved the Veterans In Construction & The Australian Workers’ Union Agreement 2024.

As a result of the Commission's approval, the agreement will now be binding on the parties from the date of the decision. The agreement sets out the terms and conditions of employment for the employees of Veterans in Construction Pty Ltd and will govern their employment relationship until the agreement is varied or terminated in accordance with the Fair Work Act. The approval of the agreement ensures that the employees will receive fair and reasonable terms of employment, and the employer will have the certainty of knowing the conditions under which the employees will work.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established