Vertilux Corporation Pty Ltd T/A Vertilux

[2024] FWCA 4351

[2024] FWCA 4351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Vertilux Corporation Pty Ltd T/A Vertilux

(AG2024/4474)

VERTILUX AND CONSTRUCTION, FORESTRY AND MARITIME EMPLOYEES UNION - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 6 DECEMBER 2024

Application for approval of the  Vertilux and Construction, Forestry and Maritime Employees Union - Manufacturing Division Enterprise Agreement 2024

1. Vertilux Corporation Pty Ltd T/A Vertilux has applied for approval of an enterprise agreement known as the Vertilux and Construction, Forestry and Maritime Employees Union - Manufacturing Division Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. Clause 14.3 of the Agreement provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324 and may be of no effect to the extent that it offends s 326 of the Act.

1. The Employer has provided written 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Construction, Forestry and Maritime Employees Union - Manufacturing Division (CFMEU-MD) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CFMEU-MD.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 December 2025.

1. In accordance with clause 4.2 of the Agreement, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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ANNEXURE A