WA Rigging Services Pty Ltd

[2013] FWCA 1938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WA Rigging Services Pty Ltd
(AG2012/12760)

WA RIGGING SERVICES PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 MARCH 2013

Application for approval of the WA Rigging Services Pty Ltd Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the WA Rigging Services Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] I had some concerns regarding clause 9 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated his support for the undertaking.

[4] As the Agreement does not include an adequate consultation term, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WA Rigging Services Pty Ltd was the applicant in an application before the Fair Work Commission, seeking approval of the WA Rigging Services Pty Ltd Enterprise Agreement 2012. The dispute arose as a result of the company's desire to have its enterprise agreement approved by the Commission, which would then be legally binding on the employees covered by the agreement. The legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for the appropriate minimum entitlements and if it had been made in good faith and without coercion.

The Commission found that the agreement met the requirements for approval. It included provisions for minimum entitlements that were not less favourable than those provided for in the relevant modern award, and the process by which the agreement was made demonstrated good faith bargaining between the parties. The Commission was satisfied that the agreement had been made without any element of coercion, and that the employees had been given a reasonable opportunity to discuss and understand the terms of the agreement. Consequently, the Commission approved the enterprise agreement, finding that it met the necessary criteria for endorsement under the Act.

The Fair Work Commission approved the WA Rigging Services Pty Ltd Enterprise Agreement 2012, determining that it complied with the statutory requirements for approval under the Fair Work Act 2009. The Commission was satisfied that the agreement provided for appropriate minimum entitlements and had been made in good faith and without coercion. This decision affirms the binding nature of the enterprise agreement on the employees covered by its terms, providing a clear framework for the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established