DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VERTO LTD
(AG2018/7390)

VERTO EMPLOYEE ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 AUGUST 2019

Application for approval of the VERTO Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the VERTO Employee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VERTO LTD. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2019. The nominal expiry date of the Agreement is 20 August 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the VERTO Employee Enterprise Agreement 2018. The parties to the dispute were VERTO LTD, the employer, and its employees, represented by the Retail and Fast Food Workers Union. The primary issue was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act 2009 and was in the best interests of the employees. The union argued that certain provisions of the agreement were not in the best interests of the employees, specifically those relating to penalty rates and casual loading.

The court needed to determine whether the agreement met the criteria set out in the Fair Work Act. This included assessing if the agreement provided for fair and reasonable terms and conditions, and if it allowed for meaningful workplace participation. The court also had to consider whether the agreement would have a detrimental effect on the employees. The union contended that the agreement did not adequately protect employees' rights and interests, particularly regarding penalty rates and casual loading.

After examining the provisions of the agreement and the arguments presented by both parties, the Fair Work Commission found that the proposed enterprise agreement did not meet the statutory requirements. The court noted that certain provisions concerning penalty rates and casual loading were not fair and reasonable. The Commission concluded that these provisions would have a detrimental effect on the employees and did not provide for meaningful workplace participation. Consequently, the application for approval was dismissed. The court ordered that the application be returned to the parties for further negotiation and amendment to address the identified issues.

VERTO LTD

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established