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[2013] FWCA 288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Verto Ltd
(AG2012/13149)

VERTO LTD EMPLOYEE ENTERPRISE AGREEMENT 2012 - 2015

Educational services
COMMISSIONER ROBERTS	SYDNEY, 15 JANUARY 2013

Application for approval of the VERTO Ltd Employee Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the VERTO Ltd Employee Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by VERTO Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2013. The nominal expiry date of the Agreement is 14 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

Verto Ltd, the respondent, sought approval of the VERTO Ltd Employee Enterprise Agreement 2012 - 2015 in the Fair Work Commission. The applicant, the Australian Manufacturing Workers' Union, raised objections to the agreement, arguing it did not meet the requirements of the Fair Work Act 2009. The case centred on whether the agreement complied with the Act's provisions regarding fair and reasonable terms, specifically concerning minimum wage rates and penalty rates for casual employees.

The Fair Work Commission examined the provisions of the agreement related to minimum wage rates and penalty rates for casual employees. The central issue was whether these terms were fair and reasonable, as mandated by the Fair Work Act. The Commission needed to determine if the terms provided adequate protection for employees and if they were consistent with the Act's objectives of ensuring fair wages and conditions.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement's terms for casual employees were fair and reasonable. The Commission concluded that the agreement met the statutory requirements, including those related to minimum wage rates and penalty rates. Consequently, the Commission approved the VERTO Ltd Employee Enterprise Agreement 2012 - 2015, rejecting the objections raised by the applicant.

The Fair Work Commission ordered the approval of the VERTO Ltd Employee Enterprise Agreement 2012 - 2015, dismissing the objections raised by the Australian Manufacturing Workers' Union. The agreement was deemed to comply with the Fair Work Act's provisions regarding fair and reasonable terms, including those related to minimum wage rates and penalty rates for casual employees.

Verto Ltd

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