DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VLI Diesel Pty Limited and CLI Conveyors Pty Limited
(AG2014/10414)

VLI BERESFIELD (NSW) UNION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 19 JANUARY 2015

Application for approval of the VLI Beresfield (NSW) Union Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the VLI Beresfield (NSW) Union Enterprise Agreement 2014 (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 and CLI Conveyors Pty Limited.

[2] 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.

[3] The Australian Workers’ Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2015. The nominal expiry date of the Agreement is 14 December 2016.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of VLI Diesel Pty Limited and CLI Conveyors Pty Limited, the Fair Work Commission (FWC) was tasked with determining the approval of the VLI Beresfield (NSW) Union Enterprise Agreement 2014. The parties involved were VLI Diesel Pty Limited and CLI Conveyors Pty Limited, both employers, and the relevant unions representing the employees. The unions sought the endorsement of the agreement which outlined terms and conditions for their members’ employment.

The primary legal issue before the FWC was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to consider if the agreement provided fair and reasonable terms, including pay and conditions, for the employees and did not undermine the safety, health, or welfare of workers. The FWC also examined if the agreement complied with the statutory requirements and whether any provisions were contrary to public policy.

The FWC evaluated the agreement clause by clause, focusing on its compliance with the statutory framework. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, ensuring their safety, health, and welfare were upheld. Importantly, the FWC concluded that the agreement did not contravene any public policy and met all legislative requirements for approval. As a result, the FWC approved the VLI Beresfield (NSW) Union Enterprise Agreement 2014, affirming its alignment with the principles of fairness and reasonableness.

VLI Diesel Pty Limited and CLI Conveyors 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