DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vos Construction and Joinery Pty Ltd
(AG2016/6723)

VOS CONSTRUCTION AND JOINERY PTY LTD ENTERPRISE AGREEMENT 2016-2019 [CONSTRUCTION NORTH]

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 30 JANUARY 2017

Application for approval of the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2016-2019 [Construction North].

[1] An application has been made for approval of an enterprise agreement known as the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2016-2019 [Construction North] (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Vos Construction and Joinery Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The dispute involved the terms and conditions of employment for workers within the Construction North industry. The Fair Work Commission was the court responsible for adjudicating on the matter.

The legal issues before the Commission were whether the provisions within the proposed agreement complied with the requirements of the Fair Work Act 2009. This included assessing if the agreement met the "better-off-overall test", ensuring it did not undermine minimum entitlements, and whether it was made in good faith and without coercion.

The Fair Work Commission found that the enterprise agreement met the statutory requirements under the Fair Work Act. The Commission was satisfied that the agreement provided for terms and conditions that were at least as good as those provided by the relevant awards or other applicable industrial instruments. Additionally, it was determined that the agreement had been made in good faith, without any undue influence or coercion. The Commission approved the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2016-2019, thereby resolving the application.

The final orders of the Fair Work Commission were that the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2016-2019 be approved as a registered agreement, effective from the date of the Commission's decision. The agreement was to be registered and published on the Fair Work Commission's website, making it legally binding on the parties involved.

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