DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Village Housing Pty Limited T/A Village Building Co
(AG2017/3887)

VILLAGE HOUSING ENTERPRISE AGREEMENT 2017-2021

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 OCTOBER 2017

Application for approval of the Village Housing Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Village Housing Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Village Housing Pty Limited T/A Village Building Co. 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 3 November 2017. The nominal expiry date of the Agreement is 26 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Village Housing Pty Limited, trading as Village Building Co, applied to the Fair Work Commission for approval of their proposed Enterprise Agreement for the period 2017-2021. The dispute involved several parties, including the employer and the employees' representatives, the Building Construction, Forestry, Maritime, Mining and Energy Union (BCFMEU). The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. This included assessing whether the agreement was negotiated in good faith and whether it contained the necessary "pay and conditions" matters. Additionally, the Commission needed to consider if the agreement was likely to ensure "fairness" for all parties, including fairness to any employees who might be covered by the agreement but were not directly represented in its negotiation.

The Commission determined that the proposed Enterprise Agreement did not meet the requirements for approval. The primary reason for this decision was that the agreement failed to adequately address several critical terms and conditions of employment, including minimum rates of pay, shift penalties, and allowances for certain types of work. The Commission found that these omissions resulted in the agreement being deficient in ensuring fairness to the employees it was intended to cover. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the proposed Enterprise Agreement was not approved. This decision left the existing industrial instruments in place, maintaining the terms and conditions of employment as they were prior to the application. The Commission's ruling underscored the necessity for comprehensive coverage of all relevant employment terms in any future agreement submissions.

Village Housing Pty Limited T/A Village Building Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established