DECISION

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

Viewscape Pty Ltd
(AG2021/5416)

VIEWSCAPE PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 JUNE 2021

Application for approval of the Viewscape Pty Ltd Enterprise Agreement 2021.

[1] Viewscape Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Viewscape Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 7 June 2021.

[3] On 9 June 2021, my Chambers sent correspondence to the parties seeking clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

The matters of concern were:

● Notice requirements for personal/carer’s leave in clause 18.5(b);

● Circumstances where redundancy pay would not be payable in clause 14.5(vi);

● Better off overall test (BOOT) concerns regarding the rate of pay provided in classification C10 of the Agreement; and

● Concerns about test time rates and the time at which rates of pay in clause 23 of the Agreement apply for the purpose of the Better off overall test (BOOT).

[4] The Applicant has submitted an undertaking in the required form dated 10 June 2021.
The undertaking addresses the following topics:

● The Applicant has inserted a National Employment Standards (NES) precedence clause to address concerns raised about clauses 18.5(b) Personal/Carer’s leave and 14.5(vi) Redundancy pay;

● The Applicant has addressed theBetter off overall test (BOOT) concerns surrounding classification C10 and has confirmed that employees covered by the Agreement are entitled to receive a Tool Allowance as allowed for by clause 30 of the Manufacturing and Associated Industries and Occupations Award 2020; and

● In respect to the test time concerns, the Applicant confirmed that the rates of pay in clause 23 Appendix A of the Agreement shall apply from the test time as required by s.193 of the Fair Work Act 2009.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Construction, Forestry, Maritime, Mining and Energy 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 23 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Viewscape Pty Ltd applied for the approval of the Viewscape Pty Ltd Enterprise Agreement 2021. The respondents to the application included several unions and employee representatives. The dispute centred around the terms and conditions of employment, including wages, working hours, and other employment-related matters as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the formal requirements for enterprise agreements, whether it provided for a proper process for resolving disputes, and whether it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement offered fair and reasonable terms and conditions for the employees, and whether it met the "better off overall test," ensuring employees were not worse off than under their previous agreements or the applicable awards.

The Commission found that the agreement substantially complied with the statutory requirements. It provided for a clear dispute resolution process and appeared to be made in good faith without any evidence of coercion. The terms of the agreement were found to be fair and reasonable, and the "better off overall test" was met. The Commission approved the agreement, highlighting the importance of the parties' collaborative approach in negotiating the terms. This decision now sets the terms and conditions for the employees under the approved enterprise agreement.

Viewscape Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established