Vertilux Corporation Pty Ltd T/A Vertilux Summary

[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

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).

The Agreement is a single enterprise agreement.

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.

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.

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Vertilux Corporation Pty Ltd, trading as Vertilux, applied for the approval of the Vertilux and Construction, Forestry and Maritime Employees Union - Manufacturing Division Enterprise Agreement 2024. The application was heard in the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The union sought to have the agreement approved to regulate the employment terms and conditions of their members working for Vertilux.

The central legal issue before the Commission was whether the agreement contained all the required provisions as per the Fair Work Act and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement complied with the procedural requirements for its approval, and whether it met the 'better off overall test', ensuring that no party would be worse off under the agreement than they would be under the applicable award or safety net award. The Commission also had to consider if the agreement contained any provisions that were contrary to public policy.

In delivering its decision, the Commission noted that the application for approval of the enterprise agreement was made in accordance with the procedural requirements of the Act. It found that the agreement was fairly negotiated and that the union had provided evidence of support from its members. The Commission further concluded that the agreement did not contain any provisions contrary to public policy and that the better off overall test was met. Consequently, the Commission approved the Vertilux and Construction, Forestry and Maritime Employees Union - Manufacturing Division Enterprise Agreement 2024.

The Fair Work Commission approved the enterprise agreement, confirming that it met all legal requirements and was supported by the union. The Commission's approval is effective from the date of the decision and will govern the employment terms and conditions for the union members employed by Vertilux.

Vertilux Corporation Pty Ltd T/A Vertilux

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established