DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wagners CFT Manufacturing Pty. Ltd. T/A Wagners CFT Manufacturing Pty. Ltd.
(AG2019/5090)

WAGNERS CFT MANUFACTURING PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT LAKE	BRISBANE, 10 FEBRUARY 2020

Application for approval of the Wagners CFT Manufacturing Pty Ltd Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Wagners CFT Manufacturing Pty Ltd Employee Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by Wagners CFT Manufacturing Pty. Ltd. (the Applicant).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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. The undertakings are taken to be a term of the agreement.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 30.1 – Voluntary cashing out of leave

• Clause 35.5 and 35.6 – Public holidays

• Clause 41.1 – Variation of notice period

[4] However, noting the NES precedence undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, 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 17 February 2020. The nominal expiry date of the Agreement is 17 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

The parties involved in the case were Wagners CFT Manufacturing Pty. Ltd. T/A Wagners CFT Manufacturing Pty. Ltd. and the relevant union. The dispute centred on the application for the approval of the Wagners CFT Manufacturing Pty Ltd Employee Enterprise Agreement 2019. The application was heard by the Fair Work Commission.

The central legal issues the court had to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the process followed to develop the agreement was fair and appropriate. The court had to consider whether the agreement provided for terms and conditions of employment that were clear, certain, and not misleading, and whether it contained any provisions that were contrary to public policy or contrary to the provisions of the Act.

The court found that the agreement met all the statutory requirements for approval and that the process followed to develop the agreement was fair and appropriate. The court also found that the agreement provided for terms and conditions of employment that were clear, certain, and not misleading, and that it did not contain any provisions that were contrary to public policy or contrary to the provisions of the Act. As a result, the court approved the Wagners CFT Manufacturing Pty Ltd Employee Enterprise Agreement 2019. The court noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees, and that it would promote industrial peace and harmony in the workplace.

Wagners CFT Manufacturing Pty. Ltd. T/A Wagners CFT Manufacturing Pty. Ltd.

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established