Wagner Corporation Pty Ltd T/A Wagner Corporation Pty Ltd

[2023] FWCA 1914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wagner Corporation Pty Ltd T/A Wagner Corporation Pty Ltd

(AG2023/1592)

WAGNER CORPORATION PTY LTD OPERATIONS EMPLOYEE ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 29 JUNE 2023

Application for approval of the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2022 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Wagner Corporation Pty Ltd T/A Wagner Corporation Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to section 190(3), I have accepted undertakings from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 July 2023. The nominal expiry date of the Agreement is 10 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2022. The dispute centred on the terms and conditions proposed in the agreement, which was submitted for endorsement by the company and its employees. The Commission was tasked with assessing the fairness and compliance of the proposed agreement with relevant industrial laws and principles.

The legal issues that the Fair Work Commission needed to address included whether the agreement met the "better off overall test" and whether it adhered to the prescribed procedural requirements. Additionally, the Commission had to determine if the agreement contained any terms that were contrary to public policy or that failed to address the needs of vulnerable employees. The fairness of the proposed agreement, particularly in relation to minimum wage rates and employee entitlements, was also a central consideration.

In its decision, the Fair Work Commission found that the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2022 was fair and compliant with the relevant industrial legislation. The Commission confirmed that the agreement satisfied the better off overall test, as it provided employees with benefits that outweighed any potential disadvantages. Furthermore, the agreement was deemed to have been negotiated in good faith and met all procedural requirements. The Commission noted that the proposed terms were reasonable and equitable, and did not contravene any public policy considerations. As such, the Commission approved the agreement, emphasising its compliance with the Fair Work Act 2009.

The Fair Work Commission's final order was that the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2022 be approved and registered. The agreement was to take effect from the date of the decision, ensuring that the terms and conditions set out in the agreement would apply to the employees of Wagner Corporation Pty Ltd. This decision provided clarity and certainty to both the employer and the employees, enabling the implementation of the agreed terms and conditions in a lawful and equitable manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established