Vecta Group Pty Ltd

Case

[2018] FWCA 7249

27 NOVEMBER 2018


[2018] FWCA 7249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Vecta Group Pty Ltd

(AG2018/3540)

AMWU, AWU AND VECTA GROUP METALS LABOUR HIRE GREENFIELD AGREEMENT 2016-2019

Building, metal and civil construction industries

COMMISSIONER SAUNDERS

NEWCASTLE, 27 NOVEMBER 2018

Application for approval of the AMWU, AWU and VECTA GROUP Metals Labour Hire Greenfield Agreement 2016-2019.

  1. An application has been made for approval of an enterprise agreement known as the AMWU, AWU and VECTA GROUP Metals Labour Hire Greenfield Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vecta Group Pty Ltd. The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

  1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

  1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

  1. Subject to the Undertakings, 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.

  1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE500884  PR702674>

Annexure A

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