VLI Diesel Pty Ltd

[2013] FWCA 1256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

VLI Diesel Pty Ltd
(AG2013/327)

VLI BERESFIELD (NSW) UNION ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 1 MARCH 2013

Application for approval of the VLI Beresfield (NSW) Union Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the VLI Beresfield (NSW) Union Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by VLI Diesel Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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 that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 March 2013. The nominal expiry date is 14 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VLI Diesel Pty Ltd applied for approval of the VLI Beresfield (NSW) Union Enterprise Agreement 2012. The application was heard by the Fair Work Commission. The respondents to the application included the Transport Workers Union of Australia. The dispute was centred on whether the agreement met the requirements of the Fair Work Act 2009 for it to be approved and registered.

The court had to determine whether the agreement contained all the mandated terms and conditions, whether it complied with the relevant provisions of the Fair Work Act, and whether it met the standards of good faith bargaining and procedural fairness. Additionally, the court examined whether the agreement adequately protected the rights and interests of the employees and if it was in the best interest of the employees to whom it applied.

The Fair Work Commission found that the agreement was made in good faith and satisfied all the legislative requirements for approval. The agreement contained all the mandated terms and conditions, and it met the standards of procedural fairness and good faith bargaining. The Commission concluded that the agreement was in the best interest of the employees and approved the application. The VLI Beresfield (NSW) Union Enterprise Agreement 2012 was registered and became a legally binding instrument.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established