DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/852)

VECTA GROUP PTY LTD AND ETU GREENFIELDS AGREEMENT GEELONG REFINERY 2018 - 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 APRIL 2020

Application for approval of the Vecta Group Pty Ltd and ETU Greenfields Agreement Geelong Refinery 2018 - 2021

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of a greenfields agreement known as the Vecta Group Pty Ltd and ETU Greenfields Agreement Geelong Refinery 2018 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[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 CEPU 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 Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 April 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a workplace agreement between the Vecta Group Pty Ltd and the Electrical Trades Union (ETU) Greenfields Agreement Geelong Refinery 2018 - 2021. The primary parties were Vecta Group Pty Ltd and the ETU. The dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was in the interests of employees and if it complied with the provisions of the Act.

The legal issues that the Commission had to decide included whether the agreement was fairly negotiated, whether it met the "better off overall test" (BOOT), and if it adhered to the requirements of the Fair Work Act. A key aspect of the determination was assessing whether the proposed changes to employee conditions, including wages, hours, and other employment terms, were justifiable and beneficial to the employees. Additionally, the Commission had to ensure that the agreement did not undermine any existing protections or entitlements that employees had under the Fair Work Act.

The Commission found that the proposed agreement was fairly negotiated and met the better off overall test. The agreement was deemed to be in the interests of the employees as it provided for a balanced approach to the changes proposed by the employer. The Commission was satisfied that the terms of the agreement were reasonable and that they did not diminish any existing rights or protections of the employees. The Fair Work Commission approved the agreement, recognising that it provided a fair and reasonable outcome for both the employees and the employer.

The final order of the Commission was the approval of the Vecta Group Pty Ltd and ETU Greenfields Agreement Geelong Refinery 2018 - 2021, which was to be effective from the date of the decision. This approval meant that the agreement could be implemented as per the terms set out in the document, subject to the conditions and provisions of the Fair Work Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established