DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vis Constructions Pty Ltd
(AG2017/3638)

VIS CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Vis Constructions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Vis Constructions Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vis Constructions Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 18 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vis Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) were before the Fair Work Commission to seek approval for an enterprise agreement. The union sought approval under section 235 of the Fair Work Act 2009, asserting that the agreement met the criteria for being a "good faith" agreement and should be approved as a registered agreement. The application centred around the terms of the proposed agreement, which had been negotiated between the parties.

The primary legal issue for the Commission was to determine whether the enterprise agreement complied with the requirements of the Fair Work Act. This involved examining if the agreement was made in good faith and whether it contained the necessary minimum terms and conditions. The Commission had to assess the content of the agreement, including wages, working hours, and other employment conditions, against the statutory minimum standards set out in the Fair Work Act.

In its decision, the Commission found that the proposed agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission was satisfied that the agreement met the statutory requirements for registration. The Commission approved the Vis Constructions Pty Ltd Enterprise Agreement 2017, registering it under section 175 of the Fair Work Act. This decision affirmed the agreement as a legally binding contract between the employer and the union, applicable to the employees of Vis Constructions Pty Ltd.

Vis Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established