Vertech Group

[2025] FWCA 3497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vertech Group

(AG2025/3470)

VERTECH GROUP PTY LTD (WA & NT) HYDROCARBON SECTOR INSPECTION SERVICES ENTERPRISE AGREEMENT 2025

Oil and gas industry
COMMISSIONER LIM	PERTH, 21 OCTOBER 2025

Application for approval of the Vertech Group Pty Ltd (WA & NT) Hydrocarbon Sector Inspection Services Enterprise Agreement 2025

Vertech Group (the Applicant) has made an application for the approval of an enterprise agreement known as the Vertech Group Pty Ltd (WA & NT) Hydrocarbon Sector Inspection Services Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

Redundancy: Clause 16.3 of the Agreement provides that the employer is not required to pay redundancy if they make an alternative offer of employment which is rejected by the employee but does not require an application to the Fair Work Commission as per s 120(2) of the Act.

Compassionate leave: Clause 15.4 of the Agreement provides for compassionate leave; however, it is silent as to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

However, I am satisfied that under clause 5.2 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 21 October 2025 and, in accordance with s 54, will operate from 28 October 2025. The nominal expiry date of the Agreement is 21 October 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Vertech Group Pty Ltd (WA & NT) Hydrocarbon Sector Inspection Services Enterprise Agreement 2025. The applicant, Vertech Group, sought to have the agreement approved as a single enterprise agreement for employees within the hydrocarbon sector inspection services industry. The dispute involved the scope of the agreement and whether it met the necessary requirements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement was an appropriate single enterprise agreement and whether it complied with the provisions of the Fair Work Act. Key considerations included the appropriateness of the proposed agreement's coverage of the hydrocarbon sector inspection services industry, the negotiation process, and whether the agreement was consistent with the provisions of the Act, including the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

After reviewing the evidence and submissions from the parties, the Commission concluded that the proposed agreement was an appropriate single enterprise agreement. The Commission found that the agreement was negotiated in good faith and that it met the requirements of the Fair Work Act. The Commission approved the Vertech Group Pty Ltd (WA & NT) Hydrocarbon Sector Inspection Services Enterprise Agreement 2025, effective from 1 April 2025. The Commission also noted that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including provisions for employee consultation and participation in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established