DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vos Construction and Joinery Pty Ltd
(AG2019/3886)

VOS CONSTRUCTION AND JOINERY PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2019

Application for approval of the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2019 – 2022 [Construction North]

[1] Vos Construction and Joinery Pty Ltd has made an application for approval of an enterprise agreement known as the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2019 - 2022 [Construction North] (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 24 October 2019 and, in accordance with s 54, will operate from 31 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vos Construction and Joinery Pty Ltd sought approval for its enterprise agreement, which covered a period from 2019 to 2022. The dispute arose under the Construction North classification, and the matter was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009, including provisions regarding minimum wages, penalty rates, and other employment conditions. Vos Construction argued that the agreement appropriately balanced the needs of both employers and employees, while opponents raised concerns about the fairness and adequacy of certain terms.

The Commission examined the agreement clause by clause, assessing whether the terms met the criteria set out in the Fair Work Act. Key considerations included whether the agreement provided for minimum wages and penalty rates, ensured fair treatment for employees, and did not discriminate against any particular group. The Commission also evaluated whether the agreement allowed for genuine collective bargaining and whether it included appropriate dispute resolution mechanisms. After thorough deliberation, the Commission determined that the proposed agreement largely met the statutory requirements and did not contravene any provisions of the Act.

In its decision, the Commission approved the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2019 – 2022, subject to certain minor modifications. The modifications were made to address specific concerns regarding the clarity and enforceability of some clauses. The Commission concluded that the overall terms of the agreement were fair and balanced, providing adequate protections for employees while allowing for efficient business operations. The decision highlights the importance of ensuring that enterprise agreements comply with statutory obligations and reflect the principles of fair and genuine collective bargaining.

Vos Construction and Joinery Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established