Volgren Australia Pty Ltd

[2013] FWCA 2107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volgren Australia Pty Ltd
(AG2013/763)

VOLGREN AUSTRALIA PTY LTD DANDENONG ENTERPRISE AGREEMENT 2012

Vehicle industry
COMMISSIONER RYAN	MELBOURNE, 8 APRIL 2013

Application for approval of the Volgren Australia Pty Ltd Dandenong Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Volgren Australia Pty Ltd Dandenong Enterprise Agreement 2012 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 15 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Volgren Australia Pty Ltd sought approval of a new enterprise agreement with its employees. The application was made in the Fair Work Commission (FWC) by the employer, and the dispute involved the terms and conditions of employment for the workers. The legal issues before the FFWRC were whether the agreement met the requirements of the Fair Work Act 2009 (Cth) and if it was in the best interests of the employees.

The FFWRC examined the application to ensure that the agreement had been made genuinely and fairly without any coercion or undue influence. It also considered if the agreement was consistent with the national employment standards and other applicable awards or agreements. Furthermore, the FFWRC assessed if the agreement provided for fair and reasonable terms and conditions of employment for the employees. After considering the submissions and evidence, the FFWRC found that the agreement was made genuinely and fairly and met all the necessary requirements under the Act. It was determined that the agreement was in the best interests of the employees, and the FFWRC approved the Volgren Australia Pty Ltd Dandenong Enterprise Agreement 2012. The approval of the agreement was effective from the date of the decision, and the new terms and conditions of employment would apply to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established