VSL Australia PTY LTD T/A VSL Australia

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, VSL Australia Pty Ltd, trading as VSL Australia, applied for approval of the VSL Australia Pty Ltd General Civil Construction Works Enterprise Agreement 2021 - 2025. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered workplace agreement. The dispute centred around whether the agreement complied with the statutory requirements, particularly in relation to its provisions on wages, working conditions, and other employment terms.

The legal issues before the Commission included whether the agreement met the criteria for "better off overall" under the Fair Work Act, and if it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission had to consider whether the agreement appropriately balanced the interests of the employer and employees, and if it was free from any unfair or discriminatory provisions.

In its decision, the Commission found that the agreement satisfied the "better off overall" test and provided for fair and reasonable terms and conditions for the employees. The Commission noted that the agreement contained provisions that were beneficial to the employees, including provisions for wages, leave entitlements, and other working conditions. The Commission also found that the agreement appropriately balanced the interests of the employer and employees, and did not contain any unfair or discriminatory provisions. Consequently, the Commission approved the agreement as a registered workplace agreement, effective from the date of the decision.

The Fair Work Commission approved the VSL Australia Pty Ltd General Civil Construction Works Enterprise Agreement 2021 - 2025, with the approval taking effect from the date of the decision. This decision ensures that the agreement will govern the employment terms and conditions of the employees for the specified period, providing a stable and fair framework for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established