DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Veterans in Construction Pty Ltd
(AG2019/4258)

VETERANS IN CONSTRUCTION & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 DECEMBER 2019

Application for approval of the Veterans in Construction & The Australian Workers’ Union Agreement 2019.

[1] Veterans in Construction Pty Ltd has applied for approval of a single enterprise agreement known as the Veterans in Construction & The Australian Workers’ Union Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the Application, whether the pre-approval requirements were met and the Agreement contravenes s.55 of the Act. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct a typographical error in the original application by filing an amended application. In the circumstances, I am satisfied that this correction should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] A written undertaking was given in accordance with s.190 of the Act (attached at Annexure A) (Undertaking). The bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 23 December 2019 and, in accordance with s.54, will operate from 30 December 2019. The nominal expiry date of the Agreement is 28 February 2021.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Veterans in Construction Pty Ltd applied for approval of the Veterans in Construction & The Australian Workers’ Union Agreement 2019. The application arose from an enterprise agreement between Veterans in Construction and the union. The union sought to have the agreement approved by the Commission under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement met the requirements for approval under section 232 of the Act and whether it was in the best interests of the employees.

The Commission first considered whether the agreement complied with the procedural requirements for making an enterprise agreement. It found that the agreement had been made in good faith and that the necessary steps had been followed. The Commission then examined whether the agreement contained the required minimum terms and conditions, including those relating to pay, hours of work, and other matters prescribed by the regulations. It determined that the agreement included all the necessary minimum terms and conditions. The Commission also assessed whether the agreement was in the best interests of the employees, taking into account factors such as the views of the employees and any other relevant matters. It concluded that the agreement was in the best interests of the employees.

Having found that the agreement met all the requirements for approval, the Commission approved the Veterans in Construction & The Australian Workers’ Union Agreement 2019. The approval ensures that the terms and conditions of the agreement are legally binding on the parties and that the agreement can be used as a basis for resolving disputes between the employer and the union.

Veterans in Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established