DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vertech Group Pty Ltd T/A Vertech
(AG2019/3829)

VERTECH GROUP PTY LTD INSPECTION SERVICES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 6 NOVEMBER 2019

Application for approval of the Vertech Group Pty Ltd Inspection Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Vertech Group Pty Ltd Inspection Services Enterprise Agreement 2019 (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 T/A Vertech. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2019. The nominal expiry date of the Agreement is 5 November 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vertech Group Pty Ltd, trading as Vertech, applied to the Fair Work Commission for approval of the Vertech Group Pty Ltd Inspection Services Enterprise Agreement 2019. The application arose in the context of negotiations between Vertech and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union, representing employees, sought to establish terms and conditions for inspection services employees under the proposed agreement.

The legal issues before the Commission centred on whether the agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the fair and efficient determination of terms and conditions of employment, and whether it facilitated the harmonious, productive and flexible workplace relations. The Commission also considered the fairness of the agreement, including the bargaining power of the parties and whether the agreement was free from any coercive conduct.

The Commission found that the agreement was fair and efficient, as it provided for clear and detailed terms and conditions for inspection services employees, including pay rates, leave provisions, and dispute resolution mechanisms. The Commission noted the parties' willingness to negotiate and the absence of any coercive conduct. The agreement was deemed to facilitate harmonious, productive and flexible workplace relations by establishing a framework for resolving workplace issues. Given these findings, the Commission approved the Vertech Group Pty Ltd Inspection Services Enterprise Agreement 2019.

Vertech Group Pty Ltd T/A Vertech

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established