VSL Australia PTY LTD T/A VSL Australia

[2021] FWCA 5840

[2021] FWCA 5840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VSL Australia PTY LTD T/A VSL Australia
(AG2021/6972)

VSL AUSTRALIA PTY LTD GENERAL CIVIL CONSTRUCTION WORKS ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 15 SEPTEMBER 2021

Application for approval of the VSL Australia Pty Ltd General Civil Construction Works Enterprise Agreement 2021 - 2025

[1] VSL Australia has applied for approval of an enterprise agreement known as the VSL Australia Pty Ltd General Civil Construction Works Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 9.6.2 – Notice of Absence; and

•  Clause 9.7.1 – Immediate Family or Household.

However, noting the undertaking given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2021. The nominal expiry date of the Agreement is 14 September 2025.

COMMISSIONER

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<AE513112  PR733997>

Annexure A