DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vercon Pty Ltd
(AG2016/2622)

VERCON PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 MAY 2016

Application for approval of the Vercon Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Vercon Pty Ltd Enterprise Agreement 2016 (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] The Agreement was approved on 5 May 2016 and, in accordance with s.54, will operate from 12 May 2016. The nominal expiry date of the Agreement is 05 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Vercon Pty Ltd, an employer, and the Electrical Trades Union of Australia, the representative of the employees. The dispute centred on the application for the approval of the Vercon Pty Ltd Enterprise Agreement 2016. The commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, including the requirement for genuine agreement and the protection of employees' rights and interests. The commission also needed to assess if the agreement contained provisions that were contrary to public policy or contrary to the spirit of the act.

In rendering its decision, the commission examined the process through which the agreement was formed, considering whether there had been genuine bargaining between the parties and whether the employees had been adequately represented. The commission also assessed the substantive terms of the agreement to ensure they did not unfairly disadvantage employees or contravene any statutory minimum standards. After thorough consideration, the commission found that the agreement had been made in accordance with the requirements of the act and contained provisions that were fair and reasonable. Consequently, the commission approved the Vercon Pty Ltd Enterprise Agreement 2016.

The final orders of the commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement until it was varied or replaced in accordance with the act. The decision underscored the importance of genuine bargaining and fair terms in enterprise agreements.

Vercon 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