DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VLI Diesel Pty Limited; VLI Conveyors Pty Ltd
(AG2021/4842)

VLI BERESFIELD (NSW) UNION ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 3 JUNE 2021

Application for approval of the VLI Beresfield (NSW) Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the VLI Beresfield (NSW) Union Enterprise Agreement 2020 (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 VLI Conveyors Pty Ltd (the Employers). The Agreement is a single enterprise agreement.

[2] The Employers have 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. The undertakings are taken to be terms of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 14 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

VLI Diesel Pty Limited and VLI Conveyors Pty Ltd sought approval for the VLI Beresfield (NSW) Union Enterprise Agreement 2020, which aimed to regulate employment conditions for unionised workers at the Beresfield site. The applicants, represented by Mr J.J. Slattery, submitted the agreement for endorsement to the Fair Work Commission (FWC), which was the body responsible for the assessment. The Australian Council of Trade Unions (ACTU) contested the application, arguing that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009.

The key legal issues before the FWC were whether the agreement complied with the statutory requirements for an enterprise agreement, particularly focusing on the agreement's coverage of the workforce, the fairness of its terms, and its alignment with the principles of the Fair Work Act. The FWC had to determine if the agreement adequately covered all relevant employees, if it contained terms that were fair and reasonable, and if it adhered to the legislative framework governing enterprise agreements. The FWC also considered submissions from both the applicants and the ACTU, along with broader principles of industrial law and fairness.

The FWC concluded that the agreement was comprehensive and appropriately covered all employees at the Beresfield site. The terms of the agreement were found to be fair and reasonable, taking into account the specific conditions and needs of the workforce. The FWC noted the absence of any significant contentions from the ACTU regarding the substantive terms of the agreement and found that the applicants had met the legislative requirements for approval. The FWC approved the VLI Beresfield (NSW) Union Enterprise Agreement 2020, endorsing it as compliant with the Fair Work Act.

The final orders of the FWC were to approve the VLI Beresfield (NSW) Union Enterprise Agreement 2020, effective from the date of the decision. The agreement was endorsed, allowing it to come into force and regulate the employment conditions of the relevant employees at the Beresfield site, as specified in the terms of the agreement.

VLI Diesel Pty Limited; VLI Conveyors 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