North West Alliance Pty Ltd T/A North West Alliance Summary

[2022] FWCA 3219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

North West Alliance Pty Ltd T/A North West Alliance

(AG2022/3630)

North West Alliance Pilbara Agreement 2022–2025

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 15 SEPTEMBER 2022

Application for approval of the North West Alliance Pilbara Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the North West Alliance Pilbara Agreement 2022–2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by North West Alliance Pty Ltd t/a North West Alliance (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. Copies of the undertakings are attached to the Agreement.

The Transport Workers’ Union of Australia (TWU), 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) I note that the Agreement covers the TWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2022. The nominal expiry date of the Agreement is 15 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case involved North West Alliance Pty Ltd, trading as North West Alliance, which sought approval of the North West Alliance Pilbara Agreement 2022 - 2025. The application was brought before the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the necessary requirements for approval, including fairness and compliance with statutory provisions.

The legal issues the court had to address included whether the agreement was a "single, integrated, and complete agreement" as required by section 174 of the Fair Work Act, and whether it included appropriate terms and conditions that were fair and reasonable for the employees involved. Additionally, the court needed to consider whether the agreement appropriately dealt with any existing awards and whether it adhered to the good faith obligations under the Act.

In reaching its decision, the Fair Work Commission examined the content and structure of the agreement, ensuring it was a single, integrated document that covered all necessary terms. The court assessed whether the agreement provided for fair and reasonable terms, taking into account the balance of rights and obligations between the parties. The Commission also evaluated the negotiation process and whether it was conducted in good faith. Ultimately, the court found that the agreement met all the statutory requirements and approved the application for the North West Alliance Pilbara Agreement 2022 - 2025.

North West Alliance Pty Ltd T/A North West Alliance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established