DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RR & JR Wescombe Family Settlement Trust T/A Wescombe Earthmoving
(AG2015/1934)

RR & JR WESCOMBE PTY LTD ENTERPRISE AGREEMENT 2014

Quarrying industry
COMMISSIONER LEWIN	MELBOURNE, 16 MARCH 2015

Application for approval of the RR & JR Wescombe Pty Ltd Enterprise Agreement 2014.

[1] An application has been made under s 185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the RR & JR Wescombe Pty Ltd Enterprise Agreement 2014 (the Agreement). The application has been made by RR & JR Wescombe Family Settlement Trust T/A Wescombe Earthmoving (Wescombe Earthmoving).

[2] The Agreement is a single-enterprise agreement.

[3] The application for approval of this Agreement was filed by Mr Dale Wescombe of Wescombe Earthmoving on 18 February 2015.

[4] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Monday, 16 March 2015. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[5] The Australian Workers’ Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers this organisation.

[6] 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.

[7] The Agreement is approved and in accordance with s.54 of the Act, will operate seven days from the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Wescombe Earthmoving Family Settlement Trust sought approval of an enterprise agreement entered into with its employees. The dispute was heard in the Fair Work Commission. The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the bargaining process and the content of the agreement itself. The Trust argued that the agreement had been fairly negotiated and met all legal requirements, while the employees' representative contended that certain provisions were unfair and that the agreement had not been properly negotiated.

The Commission examined the evidence provided regarding the negotiation process and the content of the agreement. It found that the Trust had engaged in good faith bargaining and that the agreement had been negotiated with the genuine intent to reach a resolution. The Commission also assessed the fairness of the provisions in the agreement, considering the overall balance of rights and obligations. Ultimately, the Commission concluded that the agreement was fair and met all statutory requirements, thereby approving the enterprise agreement.

The Fair Work Commission approved the RR & JR Wescombe Pty Ltd Enterprise Agreement 2014, finding it to be fairly negotiated and compliant with the Fair Work Act 2009. The Trust was authorised to implement the agreement, which would now govern the terms and conditions of employment for the relevant employees.

RR & JR Wescombe Family Settlement Trust T/A Wescombe Earthmoving

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established