DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagner Corporation Pty Ltd
(AG2018/6327)

WAGNER CORPORATION PTY LTD OPERATIONS EMPLOYEE ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 12 APRIL 2019

Application for approval of the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2018

[1] Wagner Corporation Pty Ltd (Wagner) has applied for approval of an enterprise agreement known as the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2018 (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] The Fair Work Commission (the Commission) informed Wagner it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

[3] On 10 April 2019 undertakings were provided by Wagner. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the two bargaining representatives on the undertakings provided by Wagner. The bargaining representatives support the approval of the Agreement.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is four years from the date of approval given by the Commission, being 12 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wagner Corporation Pty Ltd applied for approval of the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2018. The application was made under section 178 of the Fair Work Act 2009. The applicant was the employer, and the respondent was the Australian Council of Trade Unions (ACTU), who represented the employees. The dispute concerned the validity and appropriateness of the enterprise agreement, which aimed to regulate the terms and conditions of employment for the workers.

The court was required to determine whether the enterprise agreement was appropriately made and met the criteria set out in the Fair Work Act. Key issues included whether the agreement was made in good faith, whether it was appropriately negotiated, and if it complied with the procedural requirements. Additionally, the court had to consider if the agreement provided for fair and reasonable terms and conditions of employment.

The court found that the enterprise agreement was appropriately made and met the necessary criteria. The application was supported by evidence that the agreement was negotiated in good faith and met the procedural requirements. The court also determined that the agreement provided for fair and reasonable terms and conditions of employment. Consequently, the court approved the enterprise agreement.

The court made an order approving the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2018. The agreement was to be registered with the Fair Work Commission, and the approval would be effective from the date of the court's order.

Wagner Corporation 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