DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vertech Group Pty Ltd
(AG2016/5359)

VERTECH GROUP PTY LTD ROPE ACCESS ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Vertech Group Pty Ltd Rope Access Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Vertech Group Pty Ltd Rope Access 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 Vertech Group 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 6 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vertech Group Pty Ltd applied to the Fair Work Commission for approval of the Vertech Group Pty Ltd Rope Access Enterprise Agreement 2016. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009, as a registered agreement. The applicant claimed that the agreement had been negotiated in good faith and contained the necessary minimum terms and conditions.

The Commission was required to determine whether the agreement had been negotiated in good faith, contained the necessary minimum terms and conditions, and complied with the procedural requirements set out in the Fair Work Act 2009. The Commission found that the agreement had been negotiated in good faith, contained the necessary minimum terms and conditions, and complied with the procedural requirements. The Commission noted that the agreement provided for a tiered structure of wages and conditions for employees, which reflected their level of experience and skill. The Commission also found that the agreement provided for a fair and transparent process for resolving disputes between employees and the employer.

The Fair Work Commission approved the Vertech Group Pty Ltd Rope Access Enterprise Agreement 2016, and registered it as a registered agreement under section 234 of the Fair Work Act 2009. The agreement is now a legally binding contract between the applicant and its employees. The Commission noted that the agreement provided for a fair and transparent process for resolving disputes between employees and the employer. The Commission also found that the agreement provided for a tiered structure of wages and conditions for employees, which reflected their level of experience and skill.

Vertech Group 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