Victa Ltd

[2013] FWCA 4081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Victa Ltd
(AG2013/7064)

VICTA LIMITED ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 26 JUNE 2013

Application for approval of the Victa Limited Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Victa Limited Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Victa Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union - Greater New South Wales Branch, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 July 2013. The nominal expiry date is three (3) years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Victa Limited, sought approval of the Victa Limited Enterprise Agreement 2013 - 2016 from the Fair Work Commission. The respondents, the Australian Manufacturing Workers Union and the Electrical Trades Union, opposed the application, raising various objections regarding the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act and whether it contained terms that were fair and reasonable. The respondents argued that the agreement did not adequately consult and negotiate with employees, particularly in relation to certain changes to employee conditions, and that the agreement contained terms that were not fair and reasonable. The applicant contended that the agreement was the product of genuine negotiation and that the terms were fair and reasonable.

The Fair Work Commission held that the agreement was the product of genuine negotiation and consultation and that it complied with the procedural requirements of the Act. The Commission found that while there were some procedural shortcomings, they were not significant enough to invalidate the agreement. The Commission also found that the terms of the agreement were fair and reasonable, taking into account the need for flexibility in the workplace and the need to balance the interests of employers and employees. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for all parties.

The Fair Work Commission approved the Victa Limited Enterprise Agreement 2013 - 2016, subject to certain modifications to address the respondents' concerns. The modifications related primarily to the procedural requirements of the Act and did not significantly alter the substance of the agreement. The Commission's decision provides guidance on the requirements for approving enterprise agreements and the factors that it will consider in determining whether an agreement is fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established