DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Vos Construction and Joinery Pty Ltd T/A Vos Construction and Joinery
(AG2019/427)

VOS CONSTRUCTION AND JOINERY PTY LTD [CONSTRUCTION SOUTH] & CFMEU ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 APRIL 2019

Application for variation of the Vos Construction and Joinery Pty Ltd (Construction South) & CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Vos Construction and Joinery Pty Ltd (Construction South) & CFMEU Enterprise Agreement 2018 (the Agreement). The application was made by Vos Construction and Joinery Pty Ltd T/A Vos Construction and Joinery pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 20 June 2018. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 29 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vos Construction and Joinery Pty Ltd, trading as Vos Construction and Joinery, brought an application to the Fair Work Commission to vary the Vos Construction and Joinery Pty Ltd (Construction South) & CFMEU Enterprise Agreement 2018. The dispute centred on changes to the enterprise agreement to accommodate new business realities and industry standards. The Fair Work Commission was tasked with determining whether the proposed changes were appropriate and necessary.

The legal issues before the Commission included whether the proposed changes to the enterprise agreement were procedurally and substantively fair. The application sought to address various aspects of the agreement, including the classification of employees, their entitlements, and the overall operational efficiency of the company. The Commission needed to balance the rights and interests of the employer and the employees, ensuring that the changes did not disproportionately disadvantage either party.

In its decision, the Fair Work Commission found that the proposed changes were necessary to reflect the evolving nature of the construction industry and the specific circumstances of Vos Construction and Joinery. The Commission noted that the changes aimed to improve operational efficiency and were consistent with industry standards. It concluded that the variations were procedurally sound and substantively fair, thus granting the application for variation of the enterprise agreement. The decision highlighted the importance of maintaining a flexible and responsive approach to enterprise agreements in adapting to changing economic conditions and industry practices.

The Fair Work Commission ordered that the Vos Construction and Joinery Pty Ltd (Construction South) & CFMEU Enterprise Agreement 2018 be varied as per the terms and conditions specified in the application. The new provisions were to come into effect from a specified date, providing both the employer and the employees with clarity and certainty regarding the updated terms of their agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established