DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viking Maintenance & Contracting Pty Ltd T/A VMAC Employment Solutions
(AG2016/6971)

AWU AND VMAC (HUON AQUACULTURE PROCESSING OPERATIONS) ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 21 DECEMBER 2016

Application for approval of the AWU and Vmac (Huon Aquaculture Processing Operations) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AWU and Vmac (Huon Aquaculture Processing Operations) 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 Viking Maintenance & Contracting Pty Ltd T/A VMAC Employment Solutions. The Agreement is a single enterprise agreement.

[2] 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.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2016. The nominal expiry date of the Agreement is 1 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, Viking Maintenance & Contracting Pty Ltd, trading as VMAC Employment Solutions, brought an application before the Fair Work Commission seeking approval of the Australian Workers' Union and VMAC (Huon Aquaculture Processing Operations) Enterprise Agreement 2016. The agreement in question pertains to the terms and conditions of employment for employees engaged by Viking in the processing operations of Huon Aquaculture. The legal dispute arose from the need to ensure that the agreement complied with the Fair Work Act 2009, particularly in relation to its fairness and compliance with relevant labour laws.

The court was tasked with determining whether the enterprise agreement met the 'better off overall test', ensuring that employees were not worse off under the agreement compared to their previous conditions of employment. The court also needed to assess if the agreement was free from any unfair provisions, such as those that could unfairly disadvantage employees. Additionally, the court had to consider whether the agreement was properly negotiated and if it contained adequate provisions for employee representation and consultation.

In delivering the decision, the Fair Work Commission concluded that the agreement was fair and met the requirements of the Fair Work Act. The commission found that the agreement provided employees with terms and conditions that were at least as good as, if not better than, their previous conditions. The court was satisfied that the agreement was the product of genuine negotiations and contained adequate provisions for employee representation. As such, the commission approved the enterprise agreement, finding that it complied with all statutory requirements and was fair and reasonable.

The final orders of the commission were that the Australian Workers' Union and VMAC (Huon Aquaculture Processing Operations) Enterprise Agreement 2016 be approved and registered, effective from the date of the decision. This decision ensures that the terms and conditions set forth in the agreement are legally binding and enforceable between the parties involved.

Viking Maintenance & Contracting Pty Ltd T/A VMAC Employment Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established