DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DRW Investments Pty Ltd T/A Wettenhalls
(AG2017/2393)

WETTENHALLS NATIONAL ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 9 AUGUST 2017

Application for approval of the Wettenhalls National Enterprise Agreement 2017.

[1] On 21 June 2017 DRW Investments Pty Ltd T/A Wettenhalls (Applicant) made an application for approval of the Wettenhalls National Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Transport Workers’ Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 August 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DRW Investments Pty Ltd, trading as Wettenhalls, applied to the Fair Work Commission for approval of the Wettenhalls National Enterprise Agreement 2017. The application arose amidst the backdrop of negotiations between the employer and the Australian Services Union (ASU). The dispute centred on whether the agreement met the necessary legal standards and whether it could be certified as a lawful and fair enterprise agreement under the Fair Work Act 2009.

The legal issues before the court were whether the agreement was a genuine enterprise agreement, whether it was free from any improper influence or coercion, and whether it contained all the mandatory terms as prescribed by the Fair Work Act 2009. Furthermore, the court had to consider if the agreement complied with procedural fairness, ensuring that both parties had an adequate opportunity to negotiate and understand the terms of the agreement.

In rendering its decision, the Fair Work Commission examined the negotiation process, the transparency of the terms, and the representation of the parties involved. The Commission concluded that the agreement was genuinely negotiated and free from any undue influence or coercion. It found that all mandatory terms were included and that the agreement was compliant with the procedural fairness requirements. Consequently, the Commission approved the Wettenhalls National Enterprise Agreement 2017. The decision underscored the importance of a transparent and fair negotiation process in enterprise agreements.

DRW Investments Pty Ltd T/A Wettenhalls

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established