Vertech Group Pty Ltd

[2013] FWCA 5331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vertech Group Pty Ltd
(AG2013/7659)

VERTECH GROUP PTY LTD ROPE ACCESS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 AUGUST 2013

Application for approval of the Vertech Group Pty Ltd Rope Access Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Vertech Group Pty Ltd Rope Access Enterprise Agreement 2013 (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] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of operation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Vertech Group Pty Ltd and a group of employees represented by the Electrical Trades Union of Australia. The dispute centred on the proposed Rope Access Enterprise Agreement 2013, which the applicants sought to have approved as a safety net agreement. The applicants argued that the agreement represented a safety net improvement over the relevant industrial instrument, the Electrical Industry Award 2010, and thus warranted approval. The respondents, however, contended that the agreement did not meet the necessary safety net criteria and, as such, should not be approved.

The primary legal issue before the Commission was whether the proposed enterprise agreement constituted a safety net agreement under the Fair Work Act 2009. To determine this, the Commission examined the terms of the proposed agreement and compared them with the existing award, focusing on aspects such as wages, penalty rates, and other conditions of employment. The Commission had to assess whether the proposed agreement offered a safety net improvement, meaning it did not provide less favourable terms and conditions of employment than those stipulated in the relevant award.

In evaluating the application, the Fair Work Commission considered the overall terms and conditions of the proposed agreement. The Commission found that while certain provisions of the agreement were less favourable than the existing award, other provisions offered improvements. However, the Commission concluded that the proposed agreement did not provide a safety net improvement overall, as it contained terms that were less favourable than those in the award. Consequently, the application for approval of the proposed enterprise agreement was rejected.

The Fair Work Commission issued its decision, stating that the proposed Rope Access Enterprise Agreement 2013 did not meet the safety net requirements under the Fair Work Act 2009. As a result, the application for approval was dismissed, and the existing Electrical Industry Award 2010 remained in force.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established