Volgren Australia Pty Ltd T/A Volgren Australia Summary

[2022] FWCA 398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volgren Australia Pty Ltd T/A Volgren Australia
(AG2021/9260)

VOLGREN AUSTRALIA PTY LTD MALAGA ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 8 FEBRUARY 2022

Application for approval of the Volgren Australia Pty Ltd Malaga Enterprise Agreement 2021.

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

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

Printed by authority of the Commonwealth Government Printer

Volgren Australia Pty Ltd, trading as Volgren Australia, applied to the Fair Work Commission for the approval of the Volgren Australia Pty Ltd Malaga Enterprise Agreement 2021. The application involved the classification and pay rates of employees under the agreement. The dispute centred around whether the agreement adequately covered the terms and conditions of employment, including pay rates, for the employees and whether it met the legal standards for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement was sufficiently fair and balanced, provided for procedural fairness, and did not unfairly discriminate against any group of employees.

The key legal issues addressed by the Commission were the fairness and procedural fairness of the agreement, as well as its compliance with the relevant provisions of the Fair Work Act. The Commission considered whether the agreement provided for appropriate consultation and negotiation processes, whether the terms and conditions were fair and reasonable, and if the agreement was free from any discriminatory provisions. The Commission also examined whether the agreement met the standards of procedural fairness, including the adequacy of the information provided to the employees and the opportunity for meaningful participation in the negotiation process.

After reviewing the submissions and evidence provided by both parties, the Fair Work Commission determined that the Volgren Australia Pty Ltd Malaga Enterprise Agreement 2021 was fair and balanced. The Commission found that the agreement was the product of genuine negotiation and consultation, provided for fair and reasonable terms and conditions, and did not unfairly discriminate against any group of employees. The Commission also concluded that the agreement met the standards of procedural fairness, as the employees were adequately informed about the negotiation process and had the opportunity to participate meaningfully. As a result, the Fair Work Commission approved the agreement under the Fair Work Act.

The final orders of the Commission included the approval of the Volgren Australia Pty Ltd Malaga Enterprise Agreement 2021, effective from the date of the decision. The Commission directed that the agreement would apply to the relevant employees and would remain in force until superseded or terminated in accordance with its terms or the applicable provisions of the Fair Work Act.

Volgren Australia Pty Ltd T/A Volgren Australia

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