DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volgren Australia Pty Ltd
(AG2018/5090)

VOLGREN AUSTRALIA PTY LTD DANDENONG ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 FEBRUARY 2019

Application for approval of the VOLGREN AUSTRALIA PTY LTD DANDENONG ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the VOLGREN AUSTRALIA PTY LTD DANDENONG ENTERPRISE AGREEMENT 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Volgren Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clauses 9 and 30 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 February 2019 and, in accordance with s.54, will operate from 13 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Volgren Australia Pty Ltd, the applicant, sought approval of the Volgren Australia Pty Ltd Dandenong Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The applicant sought approval of the agreement under section 234 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it meets certain criteria, including that it provides for the "simple, fair and portable" terms and conditions of employment.

The legal issues before the Commission were whether the agreement was "simple, fair and portable" and whether it complied with the other requirements of the Fair Work Act. The Commission considered whether the agreement provided for clear and concise terms and conditions, whether it provided for fair and reasonable terms, and whether it facilitated the mobility of employees between employers.

The Commission found that the agreement was simple, fair and portable and met the requirements of the Fair Work Act. The Commission noted that the agreement provided for clear and concise terms and conditions, including provisions for wages, hours of work, leave and other employment-related matters. The Commission also found that the agreement provided for fair and reasonable terms, including provisions for the protection of employees' rights and interests. The Commission concluded that the agreement facilitated the mobility of employees between employers by providing for the transfer of employees between employers within the same industry.

The Commission approved the Volgren Australia Pty Ltd Dandenong Enterprise Agreement 2018 under section 234 of the Fair Work Act. The agreement will now apply to the employees covered by the agreement, and the terms and conditions set out in the agreement will govern their employment.

Volgren Australia 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