DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vertigo Group Pty Ltd T/A Vertigo Group Pty Ltd
(AG2020/2642)

VERTIGO ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 OCTOBER 2020

Application for approval of the Vertigo Enterprise Agreement 2020.

[1] Vertigo Group Pty Ltd T/A Vertigo Group Pty Ltd has made an application for the approval of an enterprise agreement known as the Vertigo Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 5 October 2020 and, in accordance with s 54, will operate from 12 October 2020. The nominal expiry date of the Agreement is 5 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vertigo Group Pty Ltd, trading as Vertigo Group Pty Ltd, sought approval for the Vertigo Enterprise Agreement 2020. The application was before the Fair Work Commission, where the dispute centred on whether the proposed agreement met the requirements for an enterprise agreement under the Fair Work Act 2009. The primary concern was whether the agreement appropriately addressed the rights and obligations of employees and the employer, as well as the procedural fairness in its formation.

The legal issues revolved around the compliance of the agreement with the legislative framework, specifically sections 172 to 176 of the Fair Work Act. The Commission needed to determine if the agreement was made in good faith, whether it covered the appropriate bargaining units, and if it contained the necessary minimum terms and conditions. Additionally, the court examined if the agreement was registered correctly and if there were any procedural errors in the bargaining process.

The Fair Work Commission, after thorough examination, found that the Vertigo Enterprise Agreement 2020 was largely compliant with the statutory requirements. The agreement was deemed to be made in good faith and appropriately covered the relevant bargaining units. The Commission concluded that the agreement included all mandatory minimum terms and conditions and was registered correctly. Any minor procedural issues identified did not undermine the overall validity of the agreement. The application was thus approved, affirming the agreement's effectiveness.

Vertigo Group Pty Ltd T/A Vertigo Group 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