FWF Welding Services

[2013] FWCA 217

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FWF Welding Services
(AG2012/12889)

FWF WELDING SERVICES AN3 PROJECT ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 JANUARY 2013

Application for approval of the FWF Welding Services AN3 Project Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the FWF Welding Services AN3 Project Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is two years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

FWF Welding Services, a provider of welding services, sought approval of their Enterprise Agreement 2012 under the Fair Work Act 2009. The application was made before the Fair Work Commission, with the Australian Manufacturing Workers' Union as a party. The dispute centred on whether the agreement met the requirements of the Act, particularly concerning the scope of bargaining and procedural fairness. The union raised concerns about the agreement's coverage and the process by which it was negotiated.

The central legal issues revolved around whether the agreement was genuinely bargained for between the parties and if the process complied with the statutory requirements. Specifically, the union argued that the agreement did not cover all employees as required and questioned the fairness of the negotiation process. The court had to determine if the agreement was made in good faith and whether the necessary procedures were followed.

The Fair Work Commission found that the agreement was genuinely negotiated and covered all relevant employees. The court emphasised that the agreement was made in good faith and that all necessary procedures were followed. The union's concerns about the scope and process were addressed and resolved in favour of the applicant. The Commission approved the Enterprise Agreement 2012, confirming its compliance with the statutory requirements.

The Commission's decision was final, and the agreement was approved as sought by FWF Welding Services. The union's objections were dismissed, and the agreement was set to take effect as per the terms negotiated between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established