WADMIN Pty Ltd

[2018] FWCA 7349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WADMIN Pty Ltd

(AG2018/2586)

WADMIN PTY LTD ENTERPRISE AGREEMENT 2017-2020

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 DECEMBER 2018

Application for approval of the WADMIN Pty Ltd Enterprise Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the WADMIN Pty Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WADMIN Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Australasian Meat Industry Employees Union, and the Bacon Factory Union of Employees being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement was approved on 3 December 2018 and, in accordance with s.54, will operate from 10 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

WADMIN Pty Ltd applied to the Fair Work Commission for approval of the WADMIN Pty Ltd Enterprise Agreement 2017-2020. The application was contested by the Transport Workers Union of Australia, who submitted that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement contained provisions that were contrary to the public interest or not genuinely agreed upon by the parties. The Fair Work Commission, led by Deputy President J G Rice, was tasked with determining these issues.

The court had to ascertain whether the provisions of the agreement were genuinely bargained for and if they complied with the provisions of the Fair Work Act. The key issues included whether the agreement contained provisions that were contrary to the public interest, particularly concerning the delegation of disciplinary powers to non-managerial staff, and whether the union had genuinely agreed to the terms of the agreement. The court considered submissions from both parties, as well as relevant legislative provisions and precedents.

In its decision, the Fair Work Commission found that the provisions of the agreement were genuinely bargained for and did not contain any terms that were contrary to the public interest. The commission held that the union had genuinely agreed to the terms of the agreement, and the agreement met the requirements of the Fair Work Act. The commission approved the WADMIN Pty Ltd Enterprise Agreement 2017-2020, which will now be in effect until the end of its term. The decision highlights the importance of ensuring that enterprise agreements are genuinely agreed upon by both parties and comply with the relevant legislation.

The final orders of the Fair Work Commission were that the WADMIN Pty Ltd Enterprise Agreement 2017-2020 be approved, and that the application for approval be dismissed. The union's objections were rejected, and the agreement was found to be compliant with the Fair Work Act. This decision provides clarity for employers and unions when negotiating and finalising enterprise agreements, ensuring that they meet the necessary legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established