DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vertech Group Pty Ltd
(AG2016/1193)

VERTECH GROUP PTY LTD ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER ROE	MELBOURNE, 8 JULY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Vertech Group 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 Vertech Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 15 July 2016. The nominal expiry date of the Agreement is 8 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vertech Group Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Vertech Group Pty Ltd Enterprise Agreement 2016. The dispute centred around the fairness and appropriateness of the terms of the proposed enterprise agreement, which was intended to govern the employment conditions of the company’s employees. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission primarily revolved around whether the agreement provided for the lawful, fair and reasonable terms of employment for the employees covered by the agreement. This included examining whether the agreement complied with the "better off overall test" and whether the terms of the agreement were consistent with the principles of the Fair Work Act. The Commission also needed to consider any objections raised by interested parties and whether the agreement had been genuinely negotiated between the employer and employees.

In its decision, the Commission found that the Vertech Group Pty Ltd Enterprise Agreement 2016 met the necessary criteria for approval. The Commission was satisfied that the agreement was fairly negotiated and provided for terms and conditions that were better off overall for the employees. The Commission considered the evidence presented regarding the negotiation process and the responses to objections, concluding that the agreement was fair and appropriate. The Commission also noted that the agreement included provisions that were in line with the principles of the Fair Work Act and provided for lawful terms of employment. As a result, the Commission approved the enterprise agreement, enabling it to be formally registered and enforceable.

The Fair Work Commission's decision to approve the Vertech Group Pty Ltd Enterprise Agreement 2016 confirms that the agreement is now legally binding between the company and its employees. This approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship moving forward, provided they comply with the statutory requirements and principles of the Fair Work Act.

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