VJK Labour Solutions Pty Ltd

[2024] FWCA 1904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

VJK Labour Solutions Pty Ltd

(AG2024/1330)

VJK LABOUR SOLUTIONS ENTERPRISE AGREEMENT 2024

Agricultural industry
DEPUTY PRESIDENT BELL	MELBOURNE, 24 MAY 2024

Application for approval of the VJK Labour Solutions Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the VJK Labour Solutions Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer VJK Labour Solutions Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 7 March 2024 and the Agreement was made on 5 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 24 May 2024 and, in accordance with s.54 of the Act, will operate from 31 May 2024. The nominal expiry date of the Agreement is 23 May 2028.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VJK Labour Solutions Pty Ltd, an employer, applied for the approval of the VJK Labour Solutions Enterprise Agreement 2024. The applicant sought to have the agreement approved under the Fair Work Act 2009 (Cth). The applicant argued that the agreement met the requirements of the Fair Work Act and should be approved as a registered agreement. The Fair Work Commission, the body responsible for approving enterprise agreements, heard the application.

The primary legal issue before the Commission was whether the VJK Labour Solutions Enterprise Agreement 2024 met the criteria for registration under the Fair Work Act. This involved examining whether the agreement contained all the mandatory terms and conditions as required by the Act, and whether it complied with the procedural requirements for registration. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and if it provided for appropriate pay and conditions.

In reaching its decision, the Commission considered the provisions of the Fair Work Act and the specific terms of the VJK Labour Solutions Enterprise Agreement 2024. The Commission found that the agreement did contain all the mandatory terms and conditions required by the Act and had been properly negotiated. The Commission also concluded that the agreement was in the best interests of the employees and provided for appropriate pay and conditions. Given these findings, the Commission approved the agreement and registered it under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established