DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VLI Diesel Pty Limited
(AG2019/880)

VLI BERESFIELD (NSW) UNION ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2019

Application for approval of the VLI Beresfield (NSW) Union Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the VLI Beresfield (NSW) Union Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VLI Diesel Pty Limited. 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 30 April 2019. The nominal expiry date of the Agreement is 14 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were VLI Diesel Pty Limited and the Australian Manufacturing Workers' Union, with the Fair Work Commission hearing the matter. The dispute centred on the application for approval of the VLI Beresfield (NSW) Union Enterprise Agreement 2018. The Commission was required to determine whether the agreement met the legal criteria for approval, including whether it was fairly negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained the necessary provisions for the protection of employees' rights and interests. The Commission had to assess whether the agreement was made in good faith and without coercion, and whether it provided for a fair and reasonable outcome for both parties. Additionally, the Commission needed to consider whether the agreement complied with the applicable minimum standards set out in the Fair Work Act and whether it provided for adequate dispute resolution mechanisms.

The Commission found that the agreement was genuinely negotiated and met the criteria for approval. It was satisfied that the agreement was made in good faith and without coercion, and that it provided for a fair and reasonable outcome for both parties. The Commission noted that the agreement contained provisions for the protection of employees' rights and interests, including provisions for minimum wages, hours of work, and leave entitlements. Furthermore, the Commission was satisfied that the agreement complied with the applicable minimum standards set out in the Fair Work Act and provided for adequate dispute resolution mechanisms. Based on these findings, the Commission approved the VLI Beresfield (NSW) Union Enterprise Agreement 2018.

The final orders of the Commission were that the VLI Beresfield (NSW) Union Enterprise Agreement 2018 be approved as a registered agreement, and that it be registered with the Fair Work Commission. The agreement was to be in effect from the date of registration and would govern the employment conditions of the employees covered by the agreement. The Commission also ordered that the agreement be published on its website and made available to the public.

VLI Diesel Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established