VSL Australia Pty Ltd

[2017] FWCA 629

[2017] FWCA 629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VSL Australia Pty Ltd
(AG2016/7449)

VSL PAKENHAM MANUFACTURING FACILITY AGREEMENT

Cement and concrete products
COMMISSIONER ROE	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the VSL Pakenham Manufacturing Facility Agreement.

[1] An application has been made for approval of an enterprise Agreement known as the VSL Pakenham Manufacturing Facility Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the VSL Australia Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 8 February 2017. The nominal expiry date of the Agreement is 8 February 2019.

COMMISSIONER

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