Versatech Contracting Pty Ltd

[2020] FWCA 3440

[2020] FWCA 3440

FAIR WORK COMMISSION

DECISION

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

Versatech Contracting Pty Ltd
(AG2020/1544)

VERSATECH CONTRACTING PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 1 JULY 2020

Application for approval of the VERSATECH CONTRACTING PTY LTD Queen’s Wharf Project Agreement – Agreement approved.

[1] Versatech Contracting Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the VERSATECH CONTRACTING PTY LTD Queen’s Wharf Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), the Australian Manufacturing Workers’ Union (the AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) being union bargaining representatives for the Agreement regarding the undertakings.

[3] The CEPU wrote to my chambers advising that it supports the undertakings provided by the Applicant. I did not receive any correspondence from the AMWU or the CFMMEU regarding the undertakings. I note that the AMWU and the CFMMEU, although bargaining representatives for the Agreement, have each communicated to my chambers that they did not wish to file Form F18s in this application.

[4] 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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The CEPU 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) of the Act I note that the Agreement covers the CEPU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2020. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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<AE508411  PR720637>

Annexure A: