Vecta Group Pty Ltd
[2025] FWCA 2656
•8 AUGUST 2025
| [2025] FWCA 2656 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Vecta Group Pty Ltd
(AG2025/2307)
VECTA GROUP SITE SERVICES GREENFIELD AGREEMENT 2025
| Building, metal and civil construction industries | |
| COMMISSIONER CLARKE | MELBOURNE, 8 AUGUST 2025 |
Application for approval of the Vectra Group Site Services Greenfield Agreement 2025.
An application has been made for approval of a single enterprise agreement known as the Vectra Group Site Services Greenfield Agreement 2025 (the Agreement). The application was made pursuant s. 185 of the Fair Work Act 2009 (the Act). The application has been made by Vectra Group Pty Ltd (employer). The Agreement is a greenfields agreement made pursuant to section 172(2)(b) of the Act between the employer, the Australian Manufacturing Workers Union (AMWU) and the Australian Workers Union (AWU).
The Application was initially made prematurely as the AWU had not yet signed the Agreement. It was withdrawn and a new Application filed in chambers. On 17 July 2025 the employer signed a Form F20 Declaration in support of the application. The AMWU and the AWU each provided an F21 Declaration in support of the Agreement in which each expressed the view that the Agreement passed the better off overall test. The declaration lodged by the AWU was one day later than the time prescribed by Rule 33(4) of the Fair Work Commission Rules 2024, however I dispense with the timing requirement under Rule 7.
Prior to approving the agreement it was necessary to make some additional enquiries of the parties relating to some specific matters, as follows:
a)The consultation clause at clause 17 of the Agreement did not appear to invite the employees to give their views about the impacts of a change to their regular roster or ordinary hours of work, per section 205(1A)(b). This raised the issue of the model consultation term being taken to be a term of the agreement.
b)Clause 13 of the Agreement expressed a cap of 13 public holidays per year. Whilst this might be sufficient for current purposes at the locations where the Agreement would operate, there is a at least the possibility of the number of public holidays[1] increasing beyond that for the purposes of the conditional right to be absent as expressed in the National Employment Standards[2]. There was an issue as to whether the NES precedence clause at clause 6.7 of the Agreement was sufficient to deal with any section 186(2)(c) difficulty in this regard or whether an undertaking was intended to be offered.
c)Clause 31.5 of the Agreement appeared to authorise the withholding of monies from an employee on termination, including accrued leave balances. This also raised the issue as to whether the NES precedence clause at clause 6.7 of the Agreement was sufficient to deal with any section 186(2)(c) difficulty in this regard or whether an undertaking was intended to be offered.
The matters referred to at paragraph [3] above were addressed in correspondence with the parties as follows:
a)It is not accepted by the parties that the lack of an express reference in clause 17 to inviting the employees to give their views about the impacts of a change to their regular roster or ordinary hours of work leads to the consequence that the model consultation term must be taken to apply. Rather, it was suggested that the positive obligation within clause 17.3 to “genuinely consult” including expressly with respect to the effects such changes are likely to have and the measures for averting or mitigating them necessarily implied this. I accept this explanation and note that a requirement to consult in the industrial sense necessarily implies an intention to seek the views of the consulted party.[3]
b)The parties are of the view that NES precedence clause at clause 6.7 of the Agreement addresses any concerns that could potentially arise concerning public holidays;
c)The employer has offered an undertaking to address the concern regarding the deduction of monies from employees on termination, which draws on the corresponding term in the underlying Award, being the Manufacturing and Associated Industries and Occupations Award 2020. The undertaking is not opposed by the bargaining representatives.
A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
On the basis of the materials provided with Application and since, and subject to the undertaking referred to above, 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 AMWU and AWU are 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 as required by s 187(5)(b).
Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AMWU and the AWU and that Agreement covers those organisation. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2025. The nominal expiry date of the Agreement is 30 June 2028.
COMMISSIONER
[1] s. 115(1)(b)
[2] s. 114
[3] CFMEU v. Mt Arthur Coal [2021] FWCFB 6059 at [108].
Printed by authority of the Commonwealth Government Printer
<AE530007 PR790528>
0
0
0