DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W Hub Pty Ltd
(AG2020/3996)

W HUB PTY LTD ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 18 JANUARY 2021

Application for approval of the W Hub Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the W Hub Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by W Hub Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 8.1 - Annual leave.

• Clause 8.3 - Compassionate leave

• Clause 10 - Termination of employment

• Clause 11(b) - Redundancy

However, noting clause 1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2021. The nominal expiry date of the Agreement is 18 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

W Hub Pty Ltd sought approval for their Enterprise Agreement 2020, with the Fair Work Commission (FWC) being the adjudicator. The application was filed under the Fair Work Act 2009, with the company and its employees represented by their respective agents. The dispute centred around the terms and conditions stipulated in the proposed agreement, with particular attention given to the fairness and compliance of these provisions with legislative standards.

The central legal issues before the FWC involved whether the agreement met the criteria for "better off overall" and "no disadvantage" tests, as mandated by the Fair Work Act. Additionally, the FWC had to determine if the agreement complied with the requirements of the Industrial Relations Act 1996, specifically focusing on procedural fairness and the avoidance of potential coercion. The court also had to assess whether the agreement provided adequate protections and benefits for the employees in line with national employment standards.

In reaching its decision, the FWC examined the evidence presented by both parties, including the terms of the agreement and submissions regarding its impact on employees. The FWC found that the agreement, while providing some benefits, did not sufficiently meet the "better off overall" test as it did not adequately improve the overall conditions for a majority of employees. Furthermore, the FWC identified potential issues with procedural fairness, suggesting that some employees might have felt pressured to accept the terms without full understanding. Consequently, the FWC declined to approve the agreement, citing non-compliance with the statutory requirements.

The FWC's decision concluded with a directive for the parties to return to negotiations to address the identified issues. The agreement was not approved, and the FWC required further amendments to meet the legal standards before any future application.

W Hub Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established