Volgren Australia Pty Ltd T/A Volgren Summary

[2021] FWCA 6101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volgren Australia Pty Ltd T/A Volgren
(AG2021/7512)

VOLGREN AUSTRALIA PTY LTD DANDENONG ENTERPRISE AGREEMENT 2021 - 2024

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 4 OCTOBER 2021

Application for approval of the VOLGREN Australia Pty Ltd Dandenong Enterprise Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the VOLGREN Australia Pty Ltd Dandenong Enterprise Agreement 2021-2024 (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 T/A Volgren. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Under s.188(2) I have exercised with me doing so in respect of a minor technical or procedural error, being that the text of the final Agreement appears not to be have been provides as required in s.180(3) for the whole of the access period.

[5] The Australian Manufacturing Workers Union, 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Volgren Australia Pty Ltd trading as Volgren, sought approval of the Volgren Australia Pty Ltd Dandenong Enterprise Agreement 2021-2024, from the Fair Work Commission. The applicant argued that the agreement, which provided for various terms and conditions of employment for its employees, was a suitable agreement for the workers. The applicant contended that the agreement was fair and reasonable and met the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the agreement was a "certified agreement" under the Fair Work Act and whether it met the requirements for approval under the Act. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it was appropriate for the employees covered by the agreement.

The court found that the agreement was a certified agreement and met the requirements for approval under the Fair Work Act. The court considered the terms and conditions of the agreement and found that they were fair and reasonable. The court also considered the views of the employees and found that the agreement was appropriate for the employees covered by the agreement.

The court approved the Volgren Australia Pty Ltd Dandenong Enterprise Agreement 2021-2024, and the agreement is now a legally binding contract between the applicant and its employees.

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