DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vector Technologies (Australia) Pty Ltd
(AG2018/3300)

VECTOR TECHNOLOGIES (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 6 NOVEMBER 2018

Application for approval of the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Vector Technologies (Australia) Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 October 2018.

[3] On 31 October 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 31 October 2018. The undertaking deals with the following topics:

• Clause 4.6.3 is modified to include a new clause 4.6.4 which ensures leave entitlements are paid in accordance with the National Employment Standards (NES).

• Clause 4.7.3(b) is deleted.

• For the purposes of clause 5.2 of the Agreement, the dollar value of allowances shall be increased in line with any increase to the equivalent Modern Award allowances.

• Clause 6.2.1 is replaced with the following:

“6.2.1 Definitions

For the purposes of this Agreement:

“Shift” means any shift of which the employee concerned had has at least 48 hours notice.

“Afternoon Shift” means any shift finishing after 6.00 pm and at or before midnight.

“Night Shift” means any shift finishing after midnight and at or before 8.00 a.m. ”

• Clause 6.4.1(c) is replaced with the following:

“c) When computing overtime, the hourly rate is the relevant hourly rate for the employee’s classification per Schedule A.1 or Schedule A.2 (whichever schedule is relevant to the individual).”

• Clause 6.4.1(g) is replaced with the following:

“A Part-time Employee – Overtime

g) A part-time Employee who is required by Vector Technologies (Australia) Pty Ltd to work in excess of their normal hours agreed upon in accordance with clauses 4.4.4(a) and 4.4.5, will be paid the relevant overtime rate for any additional hours in accordance with the provision of clause 6.4 – Overtime.”

• Schedule A.1 and A.2 are replaced with the Schedule A.1 and A.2 attached to the undertaking.

[5] A copy of the undertaking has been provided to the employee bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The employee bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Vector Technologies (Australia) Pty Ltd sought approval for the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2018, which was to be applied to its employees. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval. The dispute primarily revolved around whether the agreement was genuinely negotiated and if it included all necessary minimum terms as stipulated by the Fair Work Act 2009.

The key legal issues before the Commission involved verifying the genuineness of the negotiation process and ensuring the agreement contained all required minimum terms. The employer argued that the agreement was genuinely negotiated and met all legislative requirements. The Commission examined the evidence provided regarding the negotiation process and scrutinized the terms of the agreement to ensure compliance with statutory minimum standards. Additionally, the Commission considered submissions from relevant stakeholders to assess whether the agreement would achieve its intended purpose without undermining the fairness and flexibility provisions of the Act.

After evaluating the evidence and submissions, the Fair Work Commission found that the negotiation process was genuine, and the agreement contained all necessary minimum terms. The Commission concluded that the agreement would achieve its intended purpose and did not undermine the fairness and flexibility provisions of the Act. Consequently, the Commission approved the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2018, allowing it to be applied to the relevant employees.

The final orders of the Commission were that the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2018 be approved, effective from the date of the decision. This approval permitted the agreement to govern the employment conditions of the employees covered by the agreement, subject to the terms and conditions set forth in the approved document.

Vector Technologies (Australia) 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