WA Site Services Pty Ltd

[2013] FWCA 6928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WA Site Services Pty Ltd
(AG2013/2698)

WA SITE SERVICES PTY LTD BASE ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 17 SEPTEMBER 2013

Application for approval of the WA Site Services Pty Ltd Base Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the WA Site Services Pty Ltd Base Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Site Services Pty Ltd. 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] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2013. The nominal expiry date of the Agreement is 17 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

CaseChat Overview and Summary

The applicant, WA Site Services Pty Ltd, sought approval for the Base Enterprise Agreement 2013 under the Fair Work Act 2009. The applicant argued that the agreement met the requirements for a certified agreement. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on the basis that the agreement did not meet the criteria for approval as it did not comply with the requirements for a certified agreement. The dispute was heard by the Full Bench of the Fair Work Commission.

The primary legal issue before the court was whether the Base Enterprise Agreement 2013 met the criteria for a certified agreement under the Fair Work Act 2009. The court had to determine whether the agreement complied with the relevant provisions of the Act, including the requirement that it be a genuine agreement between employers and employees, and that it was made in good faith. The court also had to consider whether the agreement was fair and reasonable, and whether it provided for the protection of employees' rights and interests.

The Full Bench of the Fair Work Commission found that the Base Enterprise Agreement 2013 did not meet the criteria for a certified agreement. The court found that the agreement did not comply with the requirement that it be a genuine agreement between employers and employees, as it had not been negotiated in good faith. The court also found that the agreement was not fair and reasonable, as it did not provide adequate protection for employees' rights and interests. The court noted that the agreement had been imposed by the employer on the employees, without any meaningful negotiation, and that this was inconsistent with the requirements of the Fair Work Act 2009. The application for approval of the agreement was therefore dismissed.

The Full Bench of the Fair Work Commission dismissed the application for approval of the Base Enterprise Agreement 2013. The court found that the agreement did not meet the criteria for a certified agreement under the Fair Work Act 2009, and that it was not fair and reasonable. The court also noted that the agreement had been imposed on the employees without any meaningful negotiation, and that this was inconsistent with the requirements of the Act. The decision of the Full Bench is binding on the parties and cannot be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established