Victa Limited

[2022] FWCA 3319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victa Limited

(AG2022/3619)

Victa Limited Enterprise Agreement 2022-2025

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 23 SEPTEMBER 2022

Application for approval of the Victa Limited Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the Victa Limited Enterprise Agreement 2022-2025 (Agreement). The application was made by Victa Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Australian Workers’ 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2022. The nominal expiry date of the Agreement is 3 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Victa Limited, an employer in the manufacturing and associated industries, applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under section 185 of the Fair Work Act 2009 (Cth). The proposed agreement, titled the Victa Limited Enterprise Agreement 2022-2025, was to cover employees of Victa Limited from 30 September 2022 to 3 March 2025. The Australian Workers' Union, representing some of the employees, indicated it wanted the agreement to cover its members.

The primary legal issue before the Commission was whether the agreement met the requirements of sections 186, 187, 188, and 190 of the Act for approval. Additionally, the Commission had to consider if the written undertakings provided by Victa Limited, which were intended to modify the agreement, would result in financial detriment to employees or substantial changes to the agreement. The views of the bargaining representatives were also considered in relation to the undertakings.

The Commission found that the agreement met all the statutory requirements for approval and that the written undertakings provided by Victa Limited were acceptable. The Commission was satisfied that accepting the undertakings would not cause financial detriment to employees or result in substantial changes to the agreement. The views of the bargaining representatives also did not raise any objections to the undertakings. Therefore, the agreement was approved subject to the undertakings, and it will operate from 30 September 2022 until 3 March 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established