Ronald E Graham Holdings T/A Weldlok Industries

[2017] FWCA 6274

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ronald E Graham Holdings T/A Weldlok Industries

(AG2017/3717)

Weldlok Industries Banyo Qld Enterprise Agreement 2017-2020

Manufacturing and associated industries
Commissioner Wilson	MELBOURNE, 27 NOVEMBER 2017

Application for approval of the Weldlok Industries Banyo QLD Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Weldlok Industries Banyo QLD Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ronald E Graham Holdings T/A Weldlok Industries. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2017. The nominal expiry date of the Agreement is 27 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ronald E Graham Holdings T/A Weldlok Industries, the employer, and the Australian Manufacturing Workers Union, the employee representative. The dispute was about the application for the approval of the Weldlok Industries Banyo QLD Enterprise Agreement 2017-2020. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The legal issues that the Commission needed to address were whether the agreement met the requirements of the Fair Work Act 2009, including compliance with the “better off overall test.” This test requires that employees be no worse off financially under the terms of the proposed agreement than they would be under the applicable award or registered agreement. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it contained the necessary minimum terms as stipulated by the Act.

In its decision, the Fair Work Commission examined the details of the proposed agreement and the evidence provided by both parties. The Commission concluded that the agreement was made in good faith and met the requirements of the “better off overall test.” The Commission found that employees would not be worse off financially and that the agreement contained all necessary minimum terms. Therefore, the Commission approved the application for the agreement to be registered.

The Commission's final orders included the registration of the Weldlok Industries Banyo QLD Enterprise Agreement 2017-2020, effective from the date of the decision. This registration made the agreement binding on all parties and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established