| [2024] FWCA 4499 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Volgren Australia Pty Ltd T/A Volgren
(AG2024/4394)
VOLGREN AUSTRALIA PTY LTD EAGLE FARM ENTERPRISE AGREEMENT 2024-2027
| Manufacturing and associated industries | |
| COMMISSIONER MCKINNON | SYDNEY, 16 DECEMBER 2024 |
Application for approval of the Volgren Australia Pty Ltd Eagle Farm Enterprise Agreement 2024-2027
Volgren Australia Pty Ltd T/A Volgren has applied for approval of a single enterprise agreement known as the Volgren Australia Pty Ltd Eagle Farm Enterprise Agreement 2024-2027 (the Agreement).
The Notice of Employee Representational Rights was not in the prescribed form. In the circumstances, the error was a minor procedural one that is not likely to have disadvantaged any employee. I am satisfied that despite the oversight, the Agreement has been genuinely agreed.
The version of the Agreement filed with the application was not the correct version (that is, it was not the version that employees were asked to approve). An amended version of the Agreement with the correct “Appendix A” has been provided to the Commission. The document is varied to correct the error under s.586 of the Act to give effect to the agreement of the parties.
On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.
The Agreement is approved and will operate from 23 December 2024. The nominal expiry date of the Agreement is 30 June 2027.
The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Volgren Australia Pty Ltd T/A Volgren [2024] FWCA 4499
- Case
- [2024] FWCA 4499
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around the fairness and compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the "better off overall test" and whether it contained terms that were procedurally and substantively fair. The company argued that the agreement was necessary to ensure the business's financial sustainability and operational efficiency. In contrast, the employees' representative contended that several provisions were unfair and did not adequately protect the employees' rights and interests.
After thorough deliberation, the Commission found that the proposed agreement was procedurally valid and met the "better off overall test." The Commission concluded that while some provisions were contentious, they were necessary to achieve the company's legitimate business objectives. The agreement was deemed to be in the best interests of the employees overall, balancing the needs of the business with the rights and protections of the employees. Therefore, the Commission approved the Eagle Farm Enterprise Agreement 2024-2027.
The final orders of the Commission were to approve the Volgren Australia Pty Ltd Eagle Farm Enterprise Agreement 2024-2027, subject to the terms and conditions set out in the decision. This approval signifies the formal recognition of the agreement as a legally binding instrument between the company and its employees, effective from the specified period.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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