Vos Construction and Joinery Pty Ltd T/A Vos Construction and Joinery

[2022] FWCA 1078

[2022] FWCA 1078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vos Construction and Joinery Pty Ltd T/A Vos Construction and Joinery

(AG2022/693)

Vos Construction and Joinery Pty Ltd [Construction South] & CFMEU Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 MARCH 2022

Application for the approval of Vos Construction and Joinery Pty Ltd [Construction South] & CFMEU Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Vos Construction and Joinery Pty Ltd [Construction South] & CFMEU 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 Vos Construction and Joinery Pty Ltd T/A Vos Construction and Joinery. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. 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.

1. The Construction, Forestry, Mining and Energy 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.

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

·   Clause 34(b) – Public Holidays and Holiday Work.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2022. The nominal expiry date of the Agreement is 1 November 2024.

COMMISSIONER

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Annexure A