DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Voight Management Pty Ltd
(AG2015/4867)

VOIGHT MANAGEMENT PTY LTD TRUCK OPERATIONS ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 23 SEPTEMBER 2015

Application for approval of the Voight Management Pty Ltd Truck Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Voight Management Pty Ltd Truck Operations Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Voight Management Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] On 22 September 2015 undertakings were provided by the Company in relation to Ordinary Hours (Clause 7.1) and Additional Hours (Clause 7.2) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2015. The nominal expiry date is 22 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Voight Management Pty Ltd, an employer, sought approval of a new enterprise agreement with its employees, represented by a union. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The union argued that the proposed agreement did not meet the "better off overall test" (BOOT) as required by section 234 of the Act, suggesting that employees would be worse off under the new terms.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the BOOT, ensuring that employees were not disadvantaged by the new agreement. This involved assessing the financial and non-financial terms of the proposed agreement against the existing conditions of employment. The FWC also needed to consider whether the agreement appropriately balanced the interests of the employer and employees.

In deciding the matter, the FWC thoroughly examined the terms of the proposed agreement, taking into account the financial implications for employees, such as wages, leave entitlements, and other benefits. The FWC found that while some employees might experience minor reductions in certain benefits, the overall package provided by the new agreement was favourable. The FWC concluded that the proposed agreement met the BOOT and approved the enterprise agreement.

The FWC's decision was based on a comprehensive analysis of the evidence presented and the legal standards applicable under the Fair Work Act. The court found that the new agreement provided sufficient benefits to the employees to meet the statutory requirement of being "better off overall." The approval of the agreement was made on the basis that it represented a fair and reasonable outcome for both the employer and employees, and it was in the best interests of the workforce as a whole.

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