DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VMEND Pty Ltd
(AG2015/6778)

VMEND PTY LTD REPAIR, MAINTENANCE AND UPGRADE WORKS ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 DECEMBER 2015

Application for approval of the VMEnD Pty Ltd Repair, Maintenance and Upgrade Works Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the VMEnD Pty Ltd Repair, Maintenance and Upgrade Works Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VMEND Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 9 December 2015 and, in accordance with s.54, will operate from 16 December 2015. The nominal expiry date of the Agreement is 9 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

VMEND Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement. The applicant, a company involved in the management of the Snowy Hydro power station, sought to formalise the terms and conditions of employment for its maintenance and upgrade workers. The Commission's task was to determine whether the proposed agreement was in the best interests of the employees and whether it complied with relevant statutory requirements.

The legal issues before the Commission involved examining the fairness and compliance of the proposed agreement. This included assessing whether the agreement met the standard prerequisites for approval, such as the provision of genuine employee representation and consultation. The Commission also needed to ensure that the agreement did not disadvantage employees in a way that was contrary to the objectives of the Fair Work Act.

The Commission found that the proposed agreement was fair and met the statutory requirements for approval. It noted that the agreement was the result of genuine consultation and negotiation between the employer and the employees. The Commission was satisfied that the agreement did not disadvantage employees and provided for fair terms and conditions of employment. Consequently, the application for approval was successful, and the agreement was duly approved.

No specific orders were mentioned in the text. However, upon the approval of the agreement, it would be binding on all employees covered by the agreement, provided they were given adequate notice and information about its terms. The agreement would then govern the employment conditions of the workers involved, subject to any specific provisions outlined within the document.

VMEND 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