DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Voight Management Pty Ltd
(AG2017/2888)

VOIGHT MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2017 (TRACTOR/ GENERAL HAND DIVISION)

Gardening services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 12 OCTOBER 2017

Application for approval of the Voight Management Pty Ltd Enterprise Agreement 2017 (Tractor/ General Hand Division).

[1] An application has been made for approval of an enterprise agreement known as the Voight Management Pty Ltd Enterprise Agreement 2017 (Tractor/ General Hand Division) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Voight Management Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Voight Management Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2017. The nominal expiry date of the Agreement is 12 October 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Voight Management Pty Ltd applied to the Fair Work Commission for approval of the Enterprise Agreement 2017 (Tractor/ General Hand Division). The application arose from negotiations between the company and the union representing the employees. The union sought to have the application dismissed, arguing that the agreement did not meet the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement was a "single, integrated and coherent" document that complied with the requirements of section 232 of the Fair Work Act. The union contended that the agreement did not meet this standard because it contained inconsistent and ambiguous provisions. The company, on the other hand, argued that the agreement was a comprehensive and workable document that provided for the fair and efficient operation of the workplace.

In its decision, the Commission noted that the agreement contained some drafting errors and inconsistencies. However, it found that these issues did not render the agreement incoherent or unworkable. The Commission also noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining, such as the right of the company to manage its business and the right of employees to be free from discrimination and unfair treatment. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act and granted the application.

The Fair Work Commission approved the Enterprise Agreement 2017 (Tractor/ General Hand Division) and directed that it be registered with the Fair Work Commission. The union's application to dismiss the agreement was dismissed.

Voight Management 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