Veterans in Construction Pty Ltd Summary

[2022] FWCA 1169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veterans in Construction Pty Ltd

(AG2022/826)

Veterans in Construction and the Australian Workers Union Agreement 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 1 APRIL 2022

Application for approval of the Veterans in Construction and the Australian Workers Union Agreement 2022

An application has been made for approval of an enterprise agreement known as the Veterans in Construction and the Australian Workers Union Agreement 2022 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting that the deductions clause at clause 20.4 of the Agreement may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2022. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Veterans in Construction Pty Ltd, who applied to the Fair Work Commission for approval of the Veterans in Construction and the Australian Workers Union Agreement 2022. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 for approval and registration. The matter was heard in the Fair Work Commission, which has jurisdiction over workplace relations matters.

The primary legal issue the Commission had to decide was whether the agreement was a protected action agreement and met the criteria for approval under the Fair Work Act. This involved examining the content of the agreement to determine if it contained the necessary provisions regarding minimum wages and conditions, and whether it provided for a fair and efficient system of dispute resolution. The Commission also needed to assess whether the agreement was made in good faith and without coercion.

The Commission found that the agreement contained all the necessary provisions and met the criteria for approval. It determined that the agreement was a protected action agreement, as it provided for a fair and efficient system of dispute resolution and contained the required minimum wage and condition provisions. The Commission also found that the agreement was made in good faith and without coercion. Consequently, the Commission approved and registered the agreement.

The Fair Work Commission approved and registered the Veterans in Construction and the Australian Workers Union Agreement 2022, finding that it met the criteria for approval under the Fair Work Act. The Commission determined that the agreement was a protected action agreement, contained the necessary provisions, and was made in good faith and without coercion.

Veterans in Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established