VLI Diesel Pty Limited; VLI Conveyors Pty Ltd

[2022] FWCA 1735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

VLI Diesel Pty Limited; VLI Conveyors Pty Ltd

(AG2022/1485)

VLI Beresfield (NSW) Union Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 1 JUNE 2022

Application for approval of the VLI Beresfield (NSW) Union Enterprise Agreement 2021.

VLI Diesel Pty Limited has applied for approval of a single enterprise agreement known as the VLI Beresfield (NSW) Union Enterprise Agreement 2021 (the Agreement). VLI Diesel Pty Limited and VLI Conveyors Pty Ltd are single-interest employers for the purposes of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 8 June 2022. The nominal expiry date of the Agreement is 14 December 2022.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VLI Diesel Pty Limited and VLI Conveyors Pty Ltd applied to the Fair Work Commission for approval of the VLI Beresfield (NSW) Union Enterprise Agreement 2021. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, specifically regarding its provisions on employee entitlements, working conditions, and the bargaining process.

The key legal issues before the Commission were whether the agreement was genuinely negotiated, if it covered all the mandatory topics as required by the Act, and whether it complied with the "better off overall test" (BOOT). The Commission examined the evidence of the negotiation process and the content of the agreement, considering submissions from both parties. The CFMEU argued that the agreement did not meet the BOOT and that it contained provisions that were not genuinely negotiated.

The Commission found that the agreement was genuinely negotiated, as evidenced by the extensive discussions and documentation provided. It was determined that all mandatory topics were covered, and the agreement complied with the BOOT, as it provided employees with a better overall package of terms and conditions. The Commission approved the VLI Beresfield (NSW) Union Enterprise Agreement 2021, rejecting the opposition from the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established