DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viadux Pty Ltd
(AG2015/2840)

VIADUX WATER NETWORK SOLUTIONS CURRUMBIN PRODUCT CENTRE, ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the Viadux Water Network Solutions Currumbin Product Centre, Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Viadux Water Network Solutions Currumbin Product Centre, Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Viadux Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 22 June 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Viadux Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union representing employees. The dispute arose over the approval of the Viadux Water Network Solutions Currumbin Product Centre, Enterprise Agreement 2015. The case was heard in the Fair Work Commission (FWC).

The primary legal issue for the FWC to decide was whether the Enterprise Agreement (EA) met the necessary criteria for approval under the Fair Work Act 2009 (Cth). Specifically, the FWC needed to determine if the EA provided for the fair and reasonable terms and conditions of employment, including pay rates and other benefits, and if it complied with the procedural requirements for EA approval. Another key issue was whether the EA contained any terms that might unfairly disadvantage employees.

The FWC found that the EA provided for fair and reasonable terms and conditions of employment, including competitive pay rates and benefits that were in line with industry standards. The FWC also determined that the EA complied with the procedural requirements for approval. Importantly, the FWC concluded that no terms in the EA unfairly disadvantaged employees, as the provisions were balanced and addressed the needs of both the employer and the employees. Consequently, the FWC approved the EA, finding it to be in the best interests of the employees.

The FWC's approval of the EA was based on its finding that the agreement provided fair and reasonable terms for employees, met all necessary procedural requirements, and did not unfairly disadvantage any party. The FWC’s decision was final and binding, affirming the validity of the EA as a means of regulating employment terms between Viadux and the CFMEU.

Viadux 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