Village Housing Pty Ltd

[2013] FWCA 9384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Village Housing Pty Ltd
(AG2013/11543)

VILLAGE HOUSING ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 5 DECEMBER 2013

Application for approval of the Village Housing Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Village Housing Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Village Housing Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 12 December 2013. The nominal expiry date of the Agreement is 31 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Village Housing Pty Ltd was the applicant seeking approval for the Village Housing Enterprise Agreement 2013-2017. The application was made in the Fair Work Commission, where the legal question revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees and was fair and reasonable.

The central legal issue for the Commission was to determine if the agreement was genuinely intended to be an enterprise agreement as per the Act and if it met the procedural requirements for approval. This involved examining whether the agreement was made in good faith, covered a relevant bargaining unit, and was fair and reasonable in terms of its provisions and the process through which it was negotiated. The Commission also had to consider the nature of the enterprise and the implications of the agreement for the employees and the organisation.

In its decision, the Fair Work Commission found that the Village Housing Enterprise Agreement 2013-2017 did indeed meet the criteria for approval. The Commission was satisfied that the agreement was genuinely intended to be an enterprise agreement, that it had been negotiated in good faith, and that it covered a relevant bargaining unit. Furthermore, the provisions of the agreement were deemed to be fair and reasonable, taking into account the specific circumstances of the enterprise and its employees. Consequently, the Commission approved the agreement, recognising its potential to benefit both the employees and the organisation.

The final orders included the approval of the Village Housing Enterprise Agreement 2013-2017, which would now be binding on the parties as per the provisions of the Fair Work Act 2009. This decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and are in the best interests of both the employees and the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established