Vecta Group Pty Ltd

[2025] FWCA 2366

[2025] FWCA 2366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Vecta Group Pty Ltd

(AG2025/1952)

AMWU AND VECTA GROUP PTY LTD METAL ENGINEERING NORTH EAST LINK PROJECT AGREEMENT 2023 – 2026

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 17 JULY 2025

Application for approval of the AMWU AND Vecta Group Pty Ltd Metal Engineering North East Link Project Agreement 2023 – 2026

1. An application has been made for approval of a greenfields agreement known as the AMWU AND Vecta Group Pty Ltd Metal Engineering North East Link Project Agreement 2023 – 2026 (the Agreement). The application was made by Vecta Group Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of s.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.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. I observe that clause 40 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Clause 4 of the Agreement contained a drafting error. The AMWU has provided an updated copy of the Agreement which corrected this by replacing “INSERT COMPANY NAME” with “Vecta Group Pty Ltd.” I am satisfied that this constituted an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

1. 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.

1. The Agreement is approved and in accordance with s.54, will operate from 24 July 2025. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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Annexure A