DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waeger Constructions Pty Ltd
(AG2018/4621)

WAEGER CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Waeger Constructions Pty Ltd Enterprise Agreement.

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

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. 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

Waeger Constructions Pty Ltd was the applicant in a proceeding before the Fair Work Commission, seeking approval of an Enterprise Agreement. The dispute involved the terms of the proposed agreement and whether it complied with the necessary legislative requirements. The applicant argued that the agreement was fair and reasonable, while the respondent contested certain provisions, claiming they were not compliant with the Fair Work Act 2009. The Commission had to determine if the agreement met the criteria for approval under the Act.

The primary legal issues were whether the agreement provided for a fair and reasonable basis for determining employees' terms and conditions of employment and if it complied with the procedural requirements set out in the Fair Work Act. The respondent contested specific provisions related to pay rates and conditions, asserting that they did not meet the 'better off overall test' and were procedurally flawed. The applicant maintained that the agreement was fair and had been negotiated in good faith.

The Fair Work Commission found that the majority of the agreement was fair and reasonable, meeting the statutory requirements. However, the contested provisions were amended to address the concerns raised by the respondent. The Commission determined that, with these adjustments, the agreement satisfied the 'better off overall test' and complied with procedural requirements. Consequently, the Commission approved the agreement with the modifications.

The final order was that the Enterprise Agreement, as amended, was approved and would come into effect from the specified date. The respondent's objections regarding the specific provisions were resolved through the amendments, ensuring compliance with the Fair Work Act.

Waeger Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established