Vecta Group Pty Ltd

[2024] FWCA 3552

[2024] FWCA 3552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vecta Group Pty Ltd

(AG2024/3644)

VECTA GROUP AND AMWU GREENFIELD GEELONG MAINTENANCE & SERVICES AGREEMENT 2024-2026

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 9 OCTOBER 2024

Application for approval of the Vecta Group and AMWU Greenfield Geelong Maintenance & Services Agreement 2024 – 2026.

1. An application has been made for approval of an enterprise agreement known as the Vecta Group and AMWU Greenfield Geelong Maintenance & Services Agreement 2024 - 2026 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied each of the requirements of ss.186 and 187 of the Act relevant to this application have been met. I am satisfied the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union is entitled to represent the industrial interests of the 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. I note the Agreement was made with the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Agreement covers that organisation under s.53(2)(b).

1. The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under s.201(3) of the Act.

1. Subject to the undertaking, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all 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.

1. The Agreement is approved 9 October 2024. It will operate from 16 October 2024 as required by s.54 of the Act. The nominal expiry date is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A