VIC PR Pty Ltd Summary

[2023] FWCA 1915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

VIC PR Pty Ltd

(AG2023/1897)

VIC PR PTY LTD & THE AUSTRALIAN WORKERS' UNION PROJECT AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 JUNE 2023

Application for approval of the VIC PR Pty Ltd & The Australian Workers' Union Project Agreement 2023

An application has been made for approval of a greenfields agreement known as the VIC PR Pty Ltd & The Australian Workers’ Union Project Agreement 2023 (the Agreement). The application was made by VIC PR Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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 it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers' Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2023. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved VIC PR Pty Ltd and The Australian Workers' Union, with the central issue being the approval of the VIC PR Pty Ltd & The Australian Workers' Union Project Agreement 2023. The case was heard in the Fair Work Commission, which is tasked with resolving disputes under the Fair Work Act 2009. The applicants sought the Commission's approval of the agreement, which aimed to establish new terms and conditions of employment for workers involved in specific projects.

The primary legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act. This included ensuring that the agreement did not undermine the protections provided to employees, provided for fair and reasonable terms and conditions, and was made in good faith. The Commission had to consider whether the agreement appropriately balanced the interests of both employers and employees, and whether it complied with the procedural requirements set out in the legislation.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission considered the nature of the projects, the terms proposed in the agreement, and the processes followed in reaching the agreement. It was satisfied that the agreement provided for fair and reasonable terms, did not undermine the protections for employees, and was made in good faith. Consequently, the Commission approved the VIC PR Pty Ltd & The Australian Workers' Union Project Agreement 2023, thereby resolving the dispute in favour of the applicants.

The final orders of the Commission were that the VIC PR Pty Ltd & The Australian Workers' Union Project Agreement 2023 be approved and registered as a registered agreement under the Fair Work Act. This decision allowed the agreement to come into effect and govern the terms and conditions of employment for the specified projects, as negotiated between the parties.

VIC PR Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established