DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vegco Pty Ltd
(AG2019/2877)

VEGCO PTY LTD NUW ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the Vegco Pty Ltd NUW Enterprise Agreement 2018.

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 September 2019 and, in accordance with s.54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vegco Pty Ltd applied to the Fair Work Commission for approval of the Vegco Pty Ltd NUW Enterprise Agreement 2018. The respondents included various unions, and the matter was heard by a delegate of the Commission. The application concerned an enterprise agreement covering employees in the fast food industry across New South Wales. The unions argued that the proposed agreement did not meet certain standards and conditions as required by the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement complied with the provisions of the Fair Work Act, particularly regarding minimum entitlements and procedural fairness. The unions contended that the agreement failed to provide adequate minimum rates of pay, leave entitlements, and did not allow for proper consultation with employee representatives. The applicant, Vegco Pty Ltd, argued that the agreement was fair and reasonable, meeting all statutory requirements and providing for improved working conditions and benefits.

The Commission examined the evidence and submissions from both parties, considering the statutory requirements for approving an enterprise agreement. It found that the agreement provided for minimum rates of pay and conditions that were not less favourable than those provided for in the relevant modern awards. The Commission also determined that the agreement had been made in good faith and that the proper consultation processes had been followed. Accordingly, the application for approval was granted, and the Vegco Pty Ltd NUW Enterprise Agreement 2018 was registered.

Vegco 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