DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Vertitech Southern Pty Ltd
(AG2018/7067)

VERTITECH SOUTHERN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 JANUARY 2019

Application for approval of the Vertitech Southern Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Vertitech Southern Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vertitech Southern Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2019. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vertitech Southern Pty Ltd, an entity involved in the construction industry, sought approval of an enterprise agreement with the CFMEU (Victorian Construction and General Division). The matter was heard by the Fair Work Commission. The agreement, which aimed to establish terms and conditions of employment, was challenged on several grounds, including whether it provided for proper consultation and whether it complied with relevant legislation.

The legal issues before the Commission included the adequacy of the consultation process leading to the agreement, the fairness and reasonableness of the terms, and the compliance of the agreement with the Fair Work Act 2009. Specifically, the challenge questioned whether the agreement sufficiently represented the interests of the employees and whether it met the requirements for approval as outlined in the Act.

The Fair Work Commission examined the evidence provided regarding the consultation process and the content of the agreement. The Commission found that the consultation process was robust and that the agreement was fair and reasonable. The Commission determined that the agreement complied with the statutory requirements and approved it. The decision highlighted the importance of proper consultation and the need for enterprise agreements to be beneficial to both employers and employees.

The Fair Work Commission approved the Vertitech Southern Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding it to be fair and reasonable, and in compliance with the Fair Work Act 2009. The decision underscored the significance of thorough consultation processes and the need for enterprise agreements to balance the interests of both parties.

Vertitech Southern 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