Wagners Industrial Services Pty Ltd

[2023] FWCA 2485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wagners Industrial Services Pty Ltd

(AG2023/2579)

WAGNERS INDUSTRIAL SERVICES PTY LTD STEEL REINFORCING EMPLOYEE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 AUGUST 2023

Application for the approval of the Wagners Industrial Services Pty Ltd Steel Reinforcing Employee Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Steel Reinforcing Employee Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wagners Industrial Services Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

I observe that clause 31.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 10 August 2023 and, in accordance with s 54, will operate from 17 August 2023. The nominal expiry date of the Agreement is 10 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wagners Industrial Services Pty Ltd applied to the Fair Work Commission for approval of the Steel Reinforcing Employee Enterprise Agreement 2023. The application was contested by the Building Construction and Engineering Union (BEU). The dispute centred around the terms and conditions of employment, particularly concerning shift patterns and employee rights, within the steel reinforcing industry.

The primary legal issue was whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for "genuine agreement" as per the Act, considering the process by which the agreement was formed and whether it adequately represented the interests of the employees. The BEU argued that the agreement did not genuinely reflect the views of the employees and failed to comply with certain legislative provisions.

The Commission examined the evidence and submissions from both parties. It found that the agreement had been formed through a process that involved genuine consultation and negotiation, and that the terms were fair and reasonable. The Commission determined that the agreement met the legislative requirements for approval. The Commission emphasised the importance of the agreement in providing clarity and certainty in the workplace, and concluded that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Steel Reinforcing Employee Enterprise Agreement 2023, dismissing the application for review by the BEU. The decision confirmed the validity of the agreement and its compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established