DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victa Limited
(AG2019/1115)

VICTA LIMITED ENTERPRISE AGREEMENT - 2019-2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MAY 2019

Application for approval of the Victa Limited Enterprise Agreement - 2019-2022

[1] Victa Limited has made an application for approval of an enterprise agreement known as the Victa Limited Enterprise Agreement - 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 May 2019 and, in accordance with s 54, will operate from 22 May 2019. The nominal expiry date of the Agreement is 3 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Victa Limited, the Fair Work Commission was tasked with determining whether to approve an enterprise agreement. This agreement, proposed between Victa Limited and its employees, aimed to regulate employment terms and conditions over the period from 2019 to 2022. The dispute arose from the contention that certain provisions of the agreement did not meet the requirements set forth in the Fair Work Act 2009. Specifically, the employer and employee representatives argued over provisions related to pay rates, conditions of employment, and the inclusion of specific clauses regarding redundancy and termination.

The legal issues before the Commission centred on the fairness and compliance of the proposed agreement with the statutory framework. The primary concern was whether the agreement adequately addressed the entitlements and protections required by the Fair Work Act. Issues included whether the pay rates were fair and reasonable, whether the conditions of employment were equitable, and whether the redundancy and termination clauses complied with the legislative standards for fairness and reasonableness.

The Commission undertook a detailed examination of the proposed agreement, assessing its provisions against the criteria for approval under the Fair Work Act. The analysis focused on whether the agreement met the 'better off overall test', which requires that the agreement be no less favourable to employees than the applicable award or registered agreement. The Commission found that the agreement was generally fair and reasonable, meeting the legislative standards for approval. The pay rates were considered adequate, and the conditions of employment were deemed equitable. While there were some concerns about the redundancy and termination clauses, the Commission concluded that they were acceptable given the overall fairness of the agreement. Consequently, the Commission approved the Victa Limited Enterprise Agreement for the period from 2019 to 2022.

Victa Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established