DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vertech Group Pty Ltd t/a Vertech Group
(AG2021/4101)

VERTECH GROUP PTY LTD ONSHORE INSPECTION SERVICES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 25 MARCH 2021

Application for approval of the Vertech Group Pty Ltd Onshore Inspection Services Enterprise Agreement 2021.

[1] Vertech Group Pty Ltd has applied for approval of a single enterprise agreement known as the Vertech Group Pty Ltd Onshore Inspection Services Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement, the Commission took steps to ensure the relevant employees were served with the application, the Commission’s concerns, the Applicant’s responses to those concerns and the Undertakings. Employees were invited to express their views (including about the Undertakings) and none opposed.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 25 March 2021 and, in accordance with s.54, will operate from 1 April 2021. The nominal expiry date of the Agreement is 25 March 2025.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vertech Group Pty Ltd, trading as Vertech Group, applied to the Fair Work Commission for approval of the Vertech Group Pty Ltd Onshore Inspection Services Enterprise Agreement 2021. The application was made under section 231 of the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for employees in the onshore inspection services sector. The primary issue before the Fair Work Commission was whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for the employees involved.

The Fair Work Commission considered the application and examined the terms of the proposed agreement. The Commission assessed whether the agreement provided for terms and conditions that were no less favourable than the relevant modern awards, and whether it complied with the good faith bargaining requirements of the Act. Additionally, the Commission considered whether the agreement adequately addressed the needs and interests of both the employer and the employees, and whether it promoted a productive workplace. After careful consideration, the Fair Work Commission was satisfied that the proposed agreement met the requirements of the Fair Work Act.

Consequently, the Fair Work Commission approved the Vertech Group Pty Ltd Onshore Inspection Services Enterprise Agreement 2021. The approved agreement will now apply to the employees covered by the agreement, and it will remain in effect until the next scheduled expiry date or until it is replaced by a new agreement. The decision provides clarity for both the employer and the employees regarding the terms and conditions of their employment under the approved agreement.

Vertech Group Pty Ltd t/a Vertech Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established