DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vortech Industries Pty Ltd
(AG2015/401)

VORTECH INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MARCH 2015

Application for approval of the Vortech Industries Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Vortech Industries Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vortech Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 13 March 2015 and, in accordance with s.54, will operate from 20 March 2015. The nominal expiry date of the Agreement is 13 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vortech Industries Pty Ltd was the subject of an application for the approval of the Enterprise Agreement 2015, which was heard in the Fair Work Commission. The application was brought by the employer, Vortech Industries, which sought the Commission's approval of the terms and conditions set out in the agreement. The dispute centred around the fairness and efficacy of the proposed agreement in terms of its compliance with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the Enterprise Agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The Commission also needed to determine whether the agreement met the "better off overall test," ensuring that employees were not worse off financially compared to their previous conditions.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the Enterprise Agreement did indeed meet the statutory requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, had been negotiated in good faith, and met the better off overall test. The Commission took into account the economic context, the need for flexibility in the workplace, and the benefits provided to employees under the agreement. Consequently, the Commission approved the Enterprise Agreement 2015.

The Fair Work Commission's final order was that the Enterprise Agreement 2015 be approved, effective from the date of the Commission's decision. This decision allows the agreement to be implemented as a legally binding contract between Vortech Industries and its employees, governing their terms and conditions of employment.

Vortech Industries 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