WA Project Services Pty Ltd T/A WA Project Services Pty Ltd Summary

[2022] FWCA 4558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WA Project Services Pty Ltd T/A WA Project Services Pty Ltd

(AG2022/5230)

WA Project Services Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 DECEMBER 2022

Application for approval of the WA Project Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the WA Project Services Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Project Services Pty Ltd T/A WA Project Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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.

Noting clause 5.3(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Fair Work Commission for approval of the WA Project Services Enterprise Agreement 2022. The applicants were the employer, WA Project Services Pty Ltd, and the union, Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the terms and conditions outlined in the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which is tasked with the responsibility of regulating enterprise agreements in Australia.

The primary legal issues the court needed to resolve were whether the agreement provided for the proper operation of the enterprise, if it allowed for the flexibility of the workplace, and if it ensured the fair and reasonable terms for employees. Additionally, the court examined whether the agreement complied with the Fair Work Act’s requirements concerning the protection of vulnerable employees, the provision of minimum entitlements, and the promotion of workplace harmony.

In its decision, the court closely analysed the provisions of the agreement and the submissions made by both the employer and the union. The court found that the agreement was comprehensive and provided for the proper operation of the enterprise. It was deemed to allow for sufficient workplace flexibility and contained provisions that ensured fair and reasonable terms for employees. The court further concluded that the agreement was compliant with the Fair Work Act, offering adequate protection to vulnerable employees and ensuring that minimum entitlements were met. The court highlighted the efforts made by both parties to achieve a balanced and fair agreement, which was reflective of the principles of the Fair Work Act.

As a result of the court's findings, the Fair Work Commission approved the WA Project Services Enterprise Agreement 2022. The court issued an order approving the agreement, which would now govern the employment terms and conditions between the employer and the union’s members. This decision provided certainty for the parties involved and established a benchmark for future negotiations within the industry.

WA Project Services Pty Ltd T/A WA Project Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established