DECISION

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

Vecta Group Pty Ltd
(AG2021/5456)

VECTA GROUP PTY LTD AND AMWU GEELONG AREA AGREEMENT 2020-2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 JUNE 2021

Application for approval of the Vecta Group Pty Ltd and AMWU Geelong Area Agreement 2020-2023.

[1] Vecta Group Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Vecta Group Pty Ltd and AMWU Geelong Area Agreement 2020-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

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

[4] The Agreement is approved. I note that the Agreement states that it will operate from 1 July 2020, however, in accordance with s.54 of the Act, it will operate from 7 days after the date of this approval decision. The nominal expiry date is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vecta Group Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Australian Manufacturing Workers' Union. The application was opposed by a number of employees, who raised concerns about the terms of the proposed agreement. The matter was heard by the Commission in Melbourne. The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 for being registered as a single-interest employer agreement. This required the Commission to consider whether the agreement had been made in good faith, whether it contained only matters that were negotiable between the parties, and whether it complied with various provisions of the Act designed to protect employees' rights.

After considering the evidence and submissions, the Commission found that the agreement had been made in good faith and contained only matters that were genuinely negotiable between the parties. The Commission also found that the agreement did not contravene any provisions of the Act designed to protect employees' rights. Accordingly, the Commission approved the agreement, subject to certain minor modifications that were made to address the concerns of the opposing employees. These modifications related primarily to the agreement's provisions governing redundancy and the use of casual labour.

The final orders of the Commission were that the proposed agreement be approved, subject to the modifications noted above. The Commission also ordered that the agreement be registered as a single-interest employer agreement under the Fair Work Act 2009. The application was therefore successful, and the agreement was approved and registered as sought by the applicant.

Vecta Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established