Vercon Pty Ltd

[2021] FWCA 7144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Vercon Pty Ltd
(AG2021/8506)

VERCON ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 15 DECEMBER 2021

Application for approval of the Vercon Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Vercon Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vercon Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] I note that the Agreement contains an NES precedence clause at cl. 4.3(a), and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 15 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vercon Pty Ltd recently faced a legal challenge concerning the approval of the Vercon Enterprise Agreement 2021. The matter was heard in the Fair Work Commission, where the dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. The applicant, Vercon Pty Ltd, sought approval for the proposed agreement, which was intended to govern the employment terms and conditions of their workers. The respondents, who were employee representatives, contested the application on the grounds that the agreement failed to comply with certain legislative provisions.

The primary legal issues before the Commission were whether the Vercon Enterprise Agreement 2021 adhered to the mandatory minimum entitlements stipulated by the Fair Work Act 2009 and whether it contained the necessary provisions for the protection of employees' rights. Additionally, the Commission needed to determine if the agreement was made in good faith and if the process leading up to its creation was fair and transparent.

In examining the agreement, the Commission considered the statutory requirements and the submissions made by both parties. The Commission determined that the agreement met the mandatory minimum entitlements, as it included provisions for wages, hours of work, and leave entitlements that were at least equivalent to those provided by the relevant award. Furthermore, the Commission found that the agreement contained adequate provisions to protect employees' rights, including provisions for dispute resolution and redundancy. The evidence presented demonstrated that the agreement was made in good faith, and the process leading up to its creation was fair and transparent. Consequently, the Commission approved the Vercon Enterprise Agreement 2021, finding that it complied with the necessary statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established