DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vos Construction & Joinery Pty Ltd T/A Vos Construction & Joinery
(AG2018/1877)

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

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JUNE 2018

Application for approval of the Vos Construction and Joinery Pty Ltd [Construction South] & CFMEU Enterprise Agreement 2018.

[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 2018 (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 T/A Vos Construction & Joinery. 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 Construction, Forestry, Maritime, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vos Construction & Joinery Pty Ltd, trading as Vos Construction & Joinery, sought approval of an enterprise agreement under the Fair Work Act 2009. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) was the relevant union for the employees involved. The dispute came before the Fair Work Commission, which had the authority to approve the agreement under the Act. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act, particularly the "no disadvantage test" which requires that the terms of the agreement do not disadvantage employees compared to their entitlements under the applicable award or registered agreement.

The Commission examined whether the proposed agreement provided employees with no worse conditions than they would have under the relevant award. This included scrutinising various provisions of the agreement to ensure compliance with the statutory requirements. Vos Construction & Joinery argued that the agreement was fair and did not disadvantage the employees. Conversely, the CFMEU contended that certain provisions were disadvantageous and did not meet the standards set by the Act.

After thorough consideration, the Commission found that the agreement substantially complied with the no disadvantage test. It determined that the proposed conditions did not result in employees being worse off than they would be under the applicable award. Consequently, the Commission approved the Vos Construction and Joinery Pty Ltd [Construction South] & CFMEU Enterprise Agreement 2018. The decision was made on the basis that the agreement provided for fair and reasonable terms, without disadvantaging the employees, thus meeting the requirements of the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established