Vector Technologies (Australia) Pty Ltd Summary

[2022] FWCA 3398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vector Technologies (Australia) Pty Ltd

(AG2022/3741)

Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 3 OCTOBER 2022

Application for approval of the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2022

Vector Technologies (Australia) Pty Ltd has made an application for the approval of an enterprise agreement known as the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that 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. Clause 1.6 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 October 2022. The nominal expiry date of the Agreement is 3 October 2026.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Vector Technologies (Australia) Pty Ltd for approval of the Vector Technologies (Australia) Pty Ltd Enterprise Agreement 2022. The application was brought by the company, and the Fair Work Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the formal requirements set out in section 232 of the Fair Work Act, including whether it had been fairly and genuinely negotiated. The Commission also needed to consider whether the agreement met the good faith bargaining test and whether it contained any provisions that were contrary to public policy. Furthermore, the Commission had to ensure that the agreement provided for the resolution of any disputes that might arise during its operation.

In delivering its decision, the Commission found that the enterprise agreement met all the statutory requirements for approval. The Commission was satisfied that the agreement had been genuinely negotiated and contained all the necessary provisions for dispute resolution. The Commission noted that the agreement provided for a clear process for resolving disputes, including the establishment of a workplace dispute resolution committee. Additionally, the Commission found that the agreement did not contain any provisions that were contrary to public policy. The Commission concluded that the agreement was in the best interests of the employees and approved it under section 232 of the Fair Work Act.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The agreement was approved as a registered agreement, which means that it is legally binding on the parties and can be enforced in a court of law. The approval of the agreement provides certainty and stability to the workplace and ensures that the rights and obligations of the parties are properly regulated.

Vector Technologies (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established