DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viento Contracting Services Pty Ltd T/A VCS Civil and Mining
(AG2016/6532)

VCS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the VCS Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the VCS Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Viento Contracting Services Pty Ltd T/As VCS Civil and Mining. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2016. The nominal expiry date of the Agreement is 20 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viento Contracting Services Pty Ltd, trading as VCS Civil and Mining, applied to the Fair Work Commission for approval of the VCS Enterprise Agreement 2016. The application was contested by the Building, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) on behalf of some of the employees. The central dispute involved the terms of the enterprise agreement, particularly regarding pay rates and conditions for employees in various roles within the company.

The key legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of procedural fairness to the employees and whether the agreement was in the best interests of the employees. Additionally, the Commission had to consider if the agreement adequately provided for the protection of employees' rights and interests.

The Fair Work Commission found that the enterprise agreement did not meet the necessary standards for procedural fairness and employee protection. The Commission noted significant deficiencies in the process through which the agreement was formed, including inadequate consultation with the employees and their representatives. The Commission also found that the proposed pay rates and conditions did not adequately reflect the best interests of the employees. Consequently, the application for approval was dismissed, and the agreement was not certified as meeting the requirements of the Act. The Commission emphasised the importance of ensuring that enterprise agreements are formed through a fair and transparent process that genuinely considers the interests of all parties involved.

Viento Contracting Services Pty Ltd T/A VCS Civil and Mining

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established