Wagners Industrial Services Pty Ltd Summary

[2018] FWCA 5799

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Wagners Industrial Services Pty Ltd

(AG2018/2204)

Wagners Industrial Services Pty Ltd Concrete Employee Enterprise Agreement 2018

Cement and concrete products
Commissioner Harper-Greenwell	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the Wagners Industrial Services Pty Ltd Concrete Employee Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Concrete Employee Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 14 September 2018 and, in accordance with s.54, will operate from 21 September 2018. The nominal expiry date of the Agreement is 14 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the Wagners Industrial Services Pty Ltd Concrete Employee Enterprise Agreement 2018. The application for approval was made by the Concrete Construction Forestry and Mining Employees Union (CCFMU), which represented the employees. The employer, Wagners Industrial Services Pty Ltd, did not oppose the application. The nature of the dispute was the approval of a new enterprise agreement between the employer and the union for the employees of the company who are involved in concrete work.

The primary legal issue before the FWC was whether the agreement met the requirements of the Fair Work Act 2009 for being a "registered agreement". The FWC needed to consider if the agreement had been fairly negotiated, if it covered the appropriate employees, and if it contained all the mandated minimum terms and conditions of employment. Furthermore, the FWC had to ensure the agreement did not adversely affect employees' job security, remuneration, or conditions of employment to a degree that would be detrimental to the employees.

After examining the agreement, the FWC found that it had been fairly negotiated and contained all the mandated minimum terms and conditions. The FWC noted that the agreement provided for fair remuneration and working conditions, and did not adversely affect the employees' job security. The FWC concluded that the agreement met all the statutory requirements for a registered agreement and approved the Wagners Industrial Services Pty Ltd Concrete Employee Enterprise Agreement 2018. The decision was made in light of the absence of any opposition from the employer and the union's representation of the employees. The FWC's approval of the agreement ensures that the employees of Wagners Industrial Services Pty Ltd will be governed by the terms and conditions set out in the enterprise agreement.

Wagners Industrial Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established