Vet Products Direct Pty Ltd Summary

[2016] FWCA 2874

DECISION

Fair Work Act 2009

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

Vet Products Direct Pty Ltd

(AG2016/2669)

VET PRODUCTS DIRECT PTY LTD ENTERPRISE AGREEMENT 2016

Clerical industry

COMMISSIONER ROE

MELBOURNE, 11 MAY 2016

Application for approval of the Vet Products Direct Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Vet Products Direct Pty Ltd Enterprise Agreement 2016 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vet

Products Direct. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the

requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have

been met.
[2016] FWCA 2874

[4] The Agreement was approved on 11 May 2016 and, in accordance with s.54, will

operate from 18 May 2016. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2874

Annexure A

[2016] FWCA 2874

CaseChat Overview and Summary

In the matter of Vet Products Direct Pty Ltd, the Federal Circuit Court considered an application for the approval of a single-enterprise agreement. The applicant, Vet Products Direct Pty Ltd, sought approval for the Vet Products Direct Pty Ltd Enterprise Agreement 2016, under Section 185 of the Fair Work Act 2009. The agreement, which pertains to the clerical industry, was proposed to operate from 18 May 2016, with a nominal expiry date of 1 October 2019.

The court was tasked with determining whether the agreement met the criteria set out in Sections 186, 187, 188, and 190 of the Act, which pertain to the procedural requirements for the approval of an enterprise agreement. Additionally, the court considered the written undertakings provided by the applicant to ensure they would not result in financial detriment to employees or substantial changes to the agreement.

Upon review, Commissioner Roe found that the applicant had met all relevant requirements for the approval of the agreement, subject to the written undertakings provided. These undertakings ensured that no financial detriment would be caused to employees and that the agreement would not undergo substantial changes. Consequently, the court approved the agreement on 11 May 2016, with effect from 18 May 2016.

Vet Products Direct Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established