| [2022] FWCA 1663 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Vos Construction and Joinery Pty Ltd T/A Vos Construction and Joinery
(AG2022/1405)
Vos Joinery & CFMEU Enterprise Agreement 2021 [Joinery]
| Building services | |
| DEPUTY PRESIDENT MOLTONI | BRISBANE, 19 MAY 2022 |
Application for approval of the Vos Joinery & CFMEU Enterprise Agreement 2021 [Joinery]
An application has been made for approval of an enterprise agreement known as the Vos Joinery & CFMEU Enterprise Agreement 2021 [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 & Joinery Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry, Mining and Energy Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516015 PR741804>
- AGLC
- Vos Construction and Joinery Pty Ltd T/A Vos Construction and Joinery [2022] FWCA 1663
- Case
- [2022] FWCA 1663
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission included whether the agreement adequately covered all mandated minimum terms and conditions, whether it provided for fair treatment of employees, and whether it was free from any discriminatory provisions. The Commission also needed to determine if the agreement had been fairly negotiated, and if it met the standards for good faith bargaining. Furthermore, the Commission considered whether the agreement would provide for a fair balance between the interests of employees and the business needs of the employer.
In its decision, the Commission found that the Vos Joinery & CFMEU Enterprise Agreement 2021 was compliant with the statutory requirements. It held that the agreement appropriately addressed the mandated minimum terms and conditions, ensured fair treatment of employees, and did not contain any discriminatory provisions. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for a fair balance between the interests of employees and the business needs of the employer. Consequently, the Commission approved the agreement, confirming its validity and enforceability under the Fair Work Act 2009.
The Commission's final order was the approval of the Vos Joinery & CFMEU Enterprise Agreement 2021, which would now be binding on the parties involved. This decision ensures that the agreement will govern the terms and conditions of employment for workers in the joinery industry, as negotiated between Vos Construction and the CFMEU, for the duration of the agreement.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.