DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victa Ltd
(AG2016/7266)

VICTA LIMITED ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Victa Limited Enterprise Agreement 2016 – 2019.

[1] An application has been made for approval of an enterprise agreement known as the Victa Limited Enterprise Agreement 2016 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Victa Ltd. 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 December 2016 and, in accordance with s.54, will operate from 21 December 2016. The nominal expiry date of the Agreement is 3 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for approval of the Victa Limited Enterprise Agreement 2016-2019 was brought before the Fair Work Commission. The dispute involved Victa Limited, an employer, and the Australian Manufacturing Workers' Union, representing the employees. The central issue was whether the proposed enterprise agreement complied with the relevant statutory requirements and whether it could be approved by the Commission. The agreement sought to cover employees who were involved in manufacturing processes and related activities.

The Fair Work Commission had to determine whether the agreement was in the interests of the employees and if it adhered to the procedural fairness requirements outlined in the Fair Work Act 2009. Additionally, the Commission needed to assess whether the agreement contained terms that were necessary or appropriate for the operation of a fair and efficient workplace, as well as terms that were necessary or appropriate for the operation of a safe and healthy workplace. The Commission also had to consider if the agreement complied with the procedural fairness requirements under the Fair Work Act.

After reviewing the application, the Fair Work Commission found that the proposed enterprise agreement met the statutory requirements. The Commission determined that the agreement was in the interests of the employees and contained terms that were necessary or appropriate for a fair and efficient workplace. The agreement was also found to comply with the requirements for a safe and healthy workplace. Furthermore, the Commission was satisfied that the application process adhered to procedural fairness. Consequently, the Fair Work Commission approved the Victa Limited Enterprise Agreement 2016-2019.

No further orders were made by the Commission. The approval of the enterprise agreement was the primary outcome of the application.

Victa Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established