Volgren Australia Pty Ltd T/A Volgren Summary

[2024] FWCA 4379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Volgren Australia Pty Ltd T/A Volgren

(AG2024/4624)

VOLGREN AUSTRALIA PTY LTD MALAGA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 9 DECEMBER 2024

Application for approval of the Volgren Australia Pty Ltd Malaga Enterprise Agreement 2024.

Volgren Australia Pty Ltd T/A Volgren (the Applicant) has made an application for the approval of an enterprise agreement known as the Volgren Australia Pty Ltd Malaga Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Agreement was approved on 9 December 2024 and, in accordance with s 54, will operate from 16 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission received an application from Volgren Australia Pty Ltd, trading as Volgren, to approve the Volgren Australia Pty Ltd Malaga Enterprise Agreement 2024. The application was contested by the Australian Manufacturing Workers' Union, representing the employees involved. The case centred on the terms and conditions outlined in the proposed enterprise agreement, including wages, working hours, leave provisions, and other employment-related matters.

The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for "genuine agreement" and "fairness." The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions, ensuring that it met the statutory standards for enterprise agreements.

In its decision, the Commission found that the proposed agreement was fair and reasonable and had been negotiated in good faith. The Commission noted that the agreement addressed the needs and interests of both parties, providing a balanced set of terms and conditions. The Commission also considered the evidence provided by both parties, including the views of the employees and the employer's business considerations. Based on these factors, the Commission approved the agreement, determining that it met the legal requirements for enterprise agreements under the Fair Work Act.

The Fair Work Commission approved the Volgren Australia Pty Ltd Malaga Enterprise Agreement 2024, effective from the date of the decision. The agreement was registered on the Register of Approved Enterprise Agreements, and both parties were required to comply with its terms. The decision provided clarity and certainty for the parties involved, ensuring that the agreement was legally compliant and fair to all employees covered by the agreement.

Volgren Australia Pty Ltd T/A Volgren

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established