DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Verti Projects Pty Ltd
(AG2019/4562)

VERTI PROJECTS PTY LTD ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JANUARY 2020

Application for approval of the Verti Projects Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Verti Projects Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made by Verti Projects Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2020. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Verti Projects Pty Ltd applied for the approval of the Verti Projects Pty Ltd ETU/AMWU/Construction & Service Employees Enterprise Agreement 2019-2022. The application was brought before the Fair Work Commission. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, which aimed to govern the employment relationship between Verti Projects Pty Ltd and its employees who are members of the Electrical Trades Union (ETU), the Australian Manufacturing Workers' Union (AMWU), and the Construction & Service Employees Enterprise Agreement (CSEEU). The primary concern was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The Fair Work Commission was required to determine if the proposed enterprise agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Procedurally, the agreement had to be made in good faith and through a proper process of genuine bargaining. Substantively, it had to ensure that the terms were fair and reasonable for all parties involved. The Commission had to examine the bargaining process and the contents of the agreement to ascertain whether it adhered to the legislative standards. The arguments focused on the fairness and reasonableness of the terms, including wage rates, working conditions, and other employment-related provisions.

The Fair Work Commission found that the agreement was made in good faith and through a genuine bargaining process, meeting the procedural requirements. The Commission also concluded that the terms of the agreement were fair and reasonable, considering the broader economic and employment context. The Commission's decision was based on a comprehensive analysis of the bargaining process and the contents of the agreement, ensuring that the interests of both the employer and the employees were fairly represented. Consequently, the Commission approved the Verti Projects Pty Ltd ETU/AMWU/CSEEU Enterprise Agreement 2019-2022.

Verti Projects 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