VSL Australia Pty Ltd

[2014] FWCA 5250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

VSL Australia Pty Ltd
(AG2014/1773)

VSL AUSTRALIA PTY LTD GENERAL CIVIL CONSTRUCTION WORKS ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 AUGUST 2014

Application for approval of the VSL Australia Pty Ltd General Civil Construction Works Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe VSL Australia Pty Ltd General Civil Construction Works Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VSL Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 4 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VSL Australia Pty Ltd, an entity engaged in civil construction works, applied to the Fair Work Commission for approval of an enterprise agreement that was intended to govern the employment terms and conditions of its workers from 2014 to 2018. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. The dispute was adjudicated in the Federal Circuit Court of Australia.

The central legal issues before the court were whether the enterprise agreement was made in accordance with the statutory obligations set out in the Fair Work Act and whether it complied with the mandatory provisions of the Act, particularly those relating to good faith bargaining and the coverage of employees. The court needed to determine if the agreement was genuinely negotiated and if it provided for a fair and reasonable set of terms and conditions for the employees involved. Additionally, the court examined whether the agreement covered all relevant employees and if it adhered to the procedural requirements for its approval.

In delivering its judgment, the court found that the agreement was indeed made in good faith and was genuinely negotiated between the employer and the union. It concluded that the agreement was fair and reasonable and complied with the mandatory provisions of the Fair Work Act. The court held that the agreement covered all relevant employees and that the procedural requirements for its approval had been met. Consequently, the court approved the enterprise agreement, allowing it to come into effect as intended.

The court’s final orders included the approval of the VSL Australia Pty Ltd General Civil Construction Works Enterprise Agreement 2014-2018, subject to the terms and conditions set out in the agreement. The court directed that the agreement would be registered with the Fair Work Commission and would govern the employment terms and conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established