DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vertech Group Pty Ltd
(AG2016/526)

VERTECH GROUP PTY LTD - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2016

Application for approval of the Vertech Group Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Vertech Group Pty Ltd – Gorgon Project – Barrow Island 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2016. The nominal expiry date of the Agreement is 31 December 2017.

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 seeking approval of a new Enterprise Agreement for employees involved in the Gorgon Project on Barrow Island. The dispute centred on the terms and conditions outlined in the proposed agreement, which the applicant sought to implement for its workforce.

The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement provided for the minimum entitlements, met procedural requirements for its negotiation and the rights of employees to be consulted and represented. Additionally, the Commission needed to determine whether the proposed terms were in the best interests of the employees and whether they were fairly negotiated.

In delivering its decision, the Fair Work Commission carefully examined the proposed agreement's provisions against the statutory benchmarks set by the Fair Work Act. The Commission noted that the agreement met the necessary procedural requirements and provided for the minimum entitlements for employees. The Commission also found that the agreement was negotiated fairly and was in the best interests of the employees, as it balanced the needs of the employer with the rights and protections afforded to the workforce. Consequently, the Commission approved the Enterprise Agreement, acknowledging the significance of the agreement in facilitating the continued operation of the Gorgon Project on Barrow Island.

The final orders of the Fair Work Commission approved the Vertech Group Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2016, confirming its validity and enforceability under the Fair Work Act. This decision ensures that the terms and conditions outlined in the agreement are legally binding and can be implemented to govern the employment relationship between the applicant and its employees on Barrow Island.

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