Vos Construction and Joinery Ptd Ltd Summary

[2025] FWCA 1792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vos Construction and Joinery Ptd Ltd

(AG2025/1472)

VOS JOINERY & CFMEU ENTERPRISE AGREEMENT 2024 [JOINERY]

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 MAY 2025

Application for approval of the Vos Joinery & CFMEU Enterprise Agreement 2024 [Joinery]

An application has been made for approval of an enterprise agreement known as the Vos Joinery & CFMEU Enterprise Agreement 2024 [Joinery] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vos Construction and Joinery Ptd Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Construction, Forestry and Maritime Employees 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.

I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

· Clause 35.2 – Public Holidays and Holiday Work

However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vos Construction and Joinery Pty Ltd, represented by its director, applied to the Fair Work Commission for approval of the Vos Joinery & CFMEU Enterprise Agreement 2024. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, raising concerns over the fairness and compliance of the agreement. The Commission, presided over by Deputy President J. P. M. Slattery, was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all mandatory terms required by the Act, whether the agreement was made in good faith and whether it met the ‘better off overall test’. The Commission examined the negotiation process, the content of the agreement and its compliance with relevant legislation and precedents. The central issue was whether the agreement was fair and reasonable, providing adequate protections for employees while allowing the employer to operate efficiently.

The Commission found that the agreement was comprehensive and contained all necessary mandatory terms. It held that the negotiation process was conducted in good faith and that the agreement met the better off overall test. The Commission emphasised the importance of protecting employees’ rights while allowing employers flexibility. The decision was based on the principle that the agreement should ensure a fair balance between the rights and obligations of both parties. The Commission concluded that the agreement was fair and approved it, finding that it met all legal requirements for approval.

Vos Construction and Joinery Ptd Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established