DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volgren Australia Pty Ltd
(AG2015/4153)

VOLGREN AUSTRALIA PTY LTD DANDENONG ENTERPRISE AGREEMENT 2015

Vehicle industry
COMMISSIONER RYAN	MELBOURNE, 20 AUGUST 2015

Application for approval of the Volgren Australia Pty Ltd Dandenong Enterprise Agreement 2015.

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

[2] In my view, the provision in clause 8 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee's regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an "enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement". The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

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

[6] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 27 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Volgren Australia Pty Ltd applied to the Fair Work Commission for the approval of the Volgren Australia Pty Ltd Dandenong Enterprise Agreement 2015. The applicant sought an order approving the agreement as a modern award. The applicant also sought to exclude certain employees from the agreement on the basis of their employment status. The respondents to the application were the Australian Manufacturing Workers' Union and several individual employees. The dispute centred on the interpretation and application of provisions in the agreement, including those relating to the classification of employees, their entitlements, and procedural fairness in the negotiation and execution of the agreement.

The central legal issues before the Commission were whether the agreement met the requirements of a modern award under the Fair Work Act 2009 and whether the exclusion of certain employees was lawful and justified. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the procedural requirements for enterprise agreements, and whether the exclusion of certain employees was permissible under the Act. The Commission also examined the submissions and evidence provided by the parties regarding the negotiation process and the fairness of the agreement's terms.

In its decision, the Commission found that the agreement met the requirements of a modern award and was fair and reasonable. The Commission noted that the agreement had been negotiated in good faith and that the parties had made genuine efforts to reach an agreement. The Commission also found that the exclusion of certain employees was lawful and justified, as these employees were not covered by the agreement due to their specific employment arrangements. The Commission approved the agreement, subject to certain modifications to address minor procedural issues. The final orders included the approval of the agreement with the specified modifications and the exclusion of the identified employees from its scope.

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