Vos Construction & Joinery Pty Ltd

Case [2022] FWCA 4321
[2022] FWCA 4321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vos Construction & Joinery Pty Ltd

(AG2022/4979)

Vos Construction and Joinery Pty Ltd Enterprise Agreement 2022-2025 [Construction North]

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 8 DECEMBER 2022

Application for approval of the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2022-2025 [Construction North]

  1. Vos Construction & Joinery Pty Ltd has made an application for approval of an enterprise agreement known as the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2022-2025 [Construction North] (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

  1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

  1. The Agreement was approved on 8 December 2022 and, in accordance with s 54, will operate from 15 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
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Details
AGLC
Vos Construction & Joinery Pty Ltd [2022] FWCA 4321
Case
[2022] FWCA 4321
Decision Date

CaseChat Overview and Summary

Vos Construction & Joinery Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement with employees in the construction industry in New South Wales. The application involved an agreement for the period of 2022 to 2025. The legal issues before the Commission involved determining whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for the minimum entitlements of employees and whether it complied with the process requirements for approval.

The Commission found that the agreement met the minimum entitlements requirements and was properly formed. The agreement provided for minimum wage rates, penalty rates, leave entitlements, and other conditions that complied with the relevant award and the Act. The process for forming the agreement was also found to be compliant, with adequate consultation and negotiation between the parties. The Commission noted that the agreement included provisions for dispute resolution and good faith bargaining, which were also requirements under the Act. The court was satisfied that the agreement was fair and reasonable and met the criteria for approval under the Act.

Accordingly, the Commission approved the Vos Construction and Joinery Pty Ltd Enterprise Agreement 2022-2025. The approval is effective from the date of the decision and will apply to all employees covered by the agreement. The parties are bound by the terms of the agreement, and any disputes arising under it must be resolved in accordance with the dispute resolution provisions contained within.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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