Vecta Group Pty Ltd

[2022] FWCA 256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vecta Group Pty Ltd

(AG2021/9298)

Vecta Group Ltd Gas Plant Greenfield Mechanical Maintenance Services Agreement 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JANUARY 2022

Application for approval of the Vecta Group Ltd Gas Plant Greenfield Mechanical Maintenance Services Agreement 2021-2023

Vecta Group Pty Ltd has made an application for approval of an enterprise agreement known as the Vecta Group Ltd Gas Plant Greenfield Mechanical Maintenance Services Agreement 2021-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the 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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the Australian Manufacturing Workers' Union (AMWU) and the Australian Workers Union (AWU) are 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, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AMWU and the AWU and that the Agreement covers these organisations.

The Agreement was approved on 31 January 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

Vecta Group Pty Ltd applied to the Federal Circuit and Family Court of Australia for approval of the Vecta Group Ltd Gas Plant Greenfield Mechanical Maintenance Services Agreement 2021-2023. The application was made under the Australian Gas Security Mechanism Act 2018. The application was opposed by the Australian Energy Market Commission.

The primary issue before the court was whether the proposed maintenance services agreement complied with the statutory requirements under the Australian Gas Security Mechanism Act 2018. The court needed to determine if the agreement met the criteria for approval, including whether it provided for effective maintenance of gas plant infrastructure, and whether it contained adequate provisions to ensure the reliability of the gas supply. The court also considered if the agreement included appropriate measures for emergency response and compliance with safety standards.

The court found that the proposed agreement met the statutory requirements for approval. The court was satisfied that the agreement provided for effective maintenance of the gas plant infrastructure and contained adequate provisions to ensure the reliability of the gas supply. The agreement included appropriate measures for emergency response and compliance with safety standards, which were consistent with the objectives of the Act. The court concluded that the application should be approved as the agreement was in the public interest and would contribute to the security of Australia's gas supply.

The court approved the application and ordered that the Vecta Group Ltd Gas Plant Greenfield Mechanical Maintenance Services Agreement 2021-2023 be approved under the Australian Gas Security Mechanism Act 2018. The court directed that the agreement be implemented in accordance with the terms and conditions set out in the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established