Vertex Power & Process Pty Ltd T/A Vertex Power & Process Pty Ltd Summary

[2023] FWCA 1626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vertex Power & Process Pty Ltd T/A Vertex Power & Process Pty Ltd

(AG2023/1510)

VERTEX POWER & PROCESS PTY LTD ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 5 JUNE 2023

Application for approval of the Vertex Power & Process Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Vertex Power & Process Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vertex Power & Process Pty Ltd T/A Vertex Power & Process Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2023. The nominal expiry date of the Agreement is 5 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Vertex Power & Process Pty Ltd Enterprise Agreement 2023. The applicant, Vertex Power & Process Pty Ltd, sought the Commission's approval for the proposed enterprise agreement, which aimed to set out the terms and conditions of employment for the company's employees. The respondents, who were the employees' representatives, did not object to the application. The Commission was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009.

The central legal issue for the Commission to decide was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement had been negotiated in good faith, was free from coercion and undue influence, and contained terms that were fair and reasonable. The Commission also had to consider whether the agreement provided for the proper protection of employees' interests and met the "better off overall test".

In delivering its decision, the Commission noted that the application for approval had not been opposed by the employees' representatives and that the proposed agreement appeared to be the result of genuine negotiations. The Commission found that the agreement contained terms that were fair and reasonable, provided adequate protection for employees' interests, and met the better off overall test. The Commission was satisfied that the agreement had been negotiated in good faith and was free from coercion and undue influence. Based on these findings, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Vertex Power & Process Pty Ltd Enterprise Agreement 2023, effective from the date of the decision. The Commission's approval was based on the findings that the agreement had been negotiated in good faith, was free from coercion and undue influence, and contained terms that were fair and reasonable. The Commission's decision ensured that the proposed enterprise agreement complied with the requirements of the Fair Work Act and provided adequate protection for employees' interests.

Vertex Power & Process Pty Ltd T/A Vertex Power & Process Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established