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austlii:cth/FWCA/2024/4351
procedural. The Agreement was approved subject to undertakings and will operate from 13 December 2025 with a nominal expiry date of 30 June 2027. The CFMEU-MD was noted as covered by the Agreement.
The Fair Work Commission approved an enterprise agreement between Vertilux Corporation and the CFMEU Manufacturing Division. The agreement initially had a problem with a clause about wage deductions that might not comply with the Fair Work Act. The employer fixed this by providing written promises (undertakings) to address the issue. The Commission was satisfied these undertakings wouldn't disadvantage employees or substantially change the agreement. The union was also noted as being covered by the agreement. The agreement will start operating on 13 December 2025 and expire on 30 June 2027.
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1 cited instrument linked from this judgment.
s.185 - Application for approval of a single-enterprise agreement
VERTILUX AND CONSTRUCTION, FORESTRY AND MARITIME EMPLOYEES UNION - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2024
Application for approval of the Vertilux and Construction, Forestry and Maritime Employees Union - Manufacturing Division Enterprise Agreement 2024
[1] Vertilux Corporation Pty Ltd T/A Vertilux has applied for approval of an enterprise agreement known as the Vertilux and Construction, Forestry and Maritime Employees Union - Manufacturing Division Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).
[2] The Agreement is a single enterprise agreement.
[3] Clause 14.3 of the Agreement provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324 and may be of no effect to the extent that it offends s 326 of the Act.
[4] The Employer has provided written undertakings. 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.
[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[6] The Construction, Forestry and Maritime Employees Union - Manufacturing Division (CFMEU-MD) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU-MD.
[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 December 2025.
[8] In accordance with clause 4.2 of the Agreement, the nominal expiry date of the Agreement is 30 June 2027.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved subject to undertakings and will operate from 13 December 2025 with a nominal expiry date of 30 June 2027. The CFMEU-MD was noted as covered by the Agreement.