DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WA Universal Rigging Co Pty Ltd
(AG2014/8103)

WA UNIVERSAL RIGGING CO PTY LTD ENTERPRISE AGREEMENT2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 DECEMBER 2014

Application for approval of the WA Universal Rigging Co Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the WA Universal Rigging Co Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Universal Rigging Co Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.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.

[5] The Agreement was approved on 9 December 2014 and, in accordance with s.54, will operate from 16 December 2014. The nominal expiry date of the Agreement is
16 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

WA Universal Rigging Co Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The application was made under section 176 of the Fair Work Act 2009, seeking the Commission to make a decision on whether the agreement met the criteria for registration as a single interest employer agreement. The dispute centred on whether the agreement complied with the procedural and substantive requirements for approval under the Act.

The primary legal issues for the Commission to address were whether the agreement had been made in accordance with the procedural requirements set out in the Act, including whether the agreement was made by a certified bargaining representative and whether the agreement was properly negotiated. Additionally, the Commission had to determine whether the agreement satisfied the substantive requirements, including whether the agreement contained terms that were consistent with the National Employment Standards and whether the agreement promoted high levels of job security, enterprise flexibility, and efficient workplace practices.

In determining the application, the Commission found that the agreement had been made in accordance with the procedural requirements of the Act, as it had been negotiated by a certified bargaining representative and followed the necessary processes. The Commission also found that the agreement met the substantive requirements of the Act, as it contained terms that were consistent with the National Employment Standards and promoted high levels of job security, enterprise flexibility, and efficient workplace practices. Therefore, the Commission approved the agreement and made it a registered single interest employer agreement.

The Commission's final orders included the registration of the WA Universal Rigging Co Pty Ltd Enterprise Agreement 2014 as a single interest employer agreement, which would be applicable to the employees of the company. The agreement would be registered on the Register of Approved Agreements and would be in effect from the date of registration until such time as it was terminated or varied in accordance with the Act.

WA Universal Rigging Co Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established