Vecta Group Pty Ltd

[2018] FWCA 7828

[2018] FWCA 7828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vecta Group Pty Ltd
(AG2018/4765)

VECTA GROUP PTY LTD AND THE AMWU GREENFIELD (ALTONA AREA) AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Vecta Group Pty Ltd and the AMWU Greenfield (Altona Area) Agreement 2017-2020.

[1] An application has been made for approval of a greenfields agreement known as the Vecta Group Pty Ltd and the AMWU Greenfield (Altona Area) Agreement 2017-2020 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Vecta Group Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[6] The Agreement was approved on 21 December 2018 and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A