DECISION

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

Vecta Group Pty Ltd
(AG2018/3544)

VECTA GROUP PTY LTD AND AMWU GEELONG AREA GREENFIELD AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 27 NOVEMBER 2018

Application for approval of the VECTA GROUP PTY LTD AND AMWU Geelong Area Greenfield Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the VECTA GROUP PTY LTD AND AMWU Geelong Area Greenfield Agreement 2017 - 2020 (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.

[2] 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] 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.

[6] 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) I note that the Agreement covers the organisation.

[7] 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 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vecta Group Pty Ltd, along with the Australian Manufacturing Workers' Union (AMWU), applied to the Fair Work Commission for the approval of their Geelong Area Greenfield Agreement 2017-2020. The application followed a series of negotiations and consultations between the parties, aimed at establishing terms and conditions for employees in the Geelong area. The Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issue was whether the agreement contained all the mandatory terms and conditions required by the Act, and whether it was in the best interests of the employees it covered. The court had to assess the comprehensiveness and fairness of the agreement, including provisions related to wages, hours of work, leave, and other employment terms.

The Commission examined the application and considered submissions from both Vecta Group and the AMWU. It evaluated the content of the agreement against the mandatory terms set out in the Fair Work Act, ensuring that the agreement did not omit any required provisions. Additionally, the Commission assessed whether the agreement would provide fair and reasonable outcomes for the employees, considering the bargaining positions of the parties and the broader labour market context. The Commission concluded that the agreement contained all necessary mandatory terms and that it was fair and reasonable, taking into account the context of the negotiations and the interests of the employees. The court found that the proposed agreement met the legal standards for approval.

The Fair Work Commission approved the Geelong Area Greenfield Agreement 2017-2020, noting that it contained all the mandatory terms required by the Fair Work Act and was in the best interests of the employees. The Commission highlighted the thoroughness of the negotiations and the balance achieved in the agreement, which reflected the interests of both the employer and the employees. This decision provided clarity and certainty for the parties involved and established the terms and conditions for the employees in the Geelong area for the duration of the agreement. The approval marked the formal recognition of the agreement by the Commission, ensuring that it would be legally binding and enforceable.

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