Vecta Group Pty Ltd Summary

[2022] FWCA 1342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vecta Group Pty Ltd

(AG2022/1109)

AMWU & Vecta Group Greenfield Metal & Engineering On-Site Construction Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 APRIL 2022

Application for approval of the AMWU & Vecta Group Greenfield Metal & Engineering On-Site Construction Agreement 2020-2023

Vecta Group Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the AMWU & Vecta Group Greenfield Metal & Engineering On-Site Construction Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

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 Australian Manufacturing Workers’ Union 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.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the Australian Manufacturing Workers’ Union and that the Agreement covers this organisation.

The Agreement was approved on 20 April and, in accordance with s 54, will operate from 27 April 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union (AMWU) for the approval of the AMWU & Vecta Group Greenfield Metal & Engineering On-Site Construction Agreement 2020-2023. The application was heard in the Fair Work Commission. The dispute centred around the terms and conditions of the proposed enterprise agreement, which was to govern the employment of workers in the metal and engineering construction sector between the union and the employer.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its fairness, simplicity, and clarity. The Commission was also required to determine if the agreement provided adequate protections for employees, including provisions for wages, hours of work, and other employment conditions.

The Commission found that the proposed agreement was fair and reasonable, taking into account the interests of both the union and the employer. The agreement provided for a clear and simple framework for the employment of workers in the metal and engineering construction sector. The Commission also found that the agreement provided adequate protections for employees, including provisions for wages, hours of work, and other employment conditions. The Commission approved the AMWU & Vecta Group Greenfield Metal & Engineering On-Site Construction Agreement 2020-2023, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission included the approval of the agreement, subject to the modifications made by the Commission. The Commission also ordered that the agreement be registered with the Fair Work Commission and that the parties take all necessary steps to give effect to the agreement. The parties were also ordered to provide a copy of the agreement to the Fair Work Ombudsman within a specified period.

Vecta Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established