DECISION

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

Wagners Industrial Services Pty Ltd
(AG2015/3069)

WAGNERS INDUSTRIAL SERVICES PTY LTD CIVIL CONSTRUCTION OPERATIONS EMPLOYEE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 JULY 2015

Application for approval of the Wagners Industrial Services Pty Ltd Civil Construction Operations Employee Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 June 2015 by Wagners Industrial Services Pty Ltd for the approval of a single-enterprise agreement known as the Wagners Industrial Services Pty Ltd Civil Construction Operations Employee Enterprise Agreement 2015 (“the Agreement”).

[2] On 13 July 2015, the Employer provided four undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Wagners Industrial Services Pty Ltd Civil Construction Operations Employee Enterprise Agreement 2015. The Fair Work Commission was the court that heard the application. The application was brought by the Australian Building and Construction Commission on behalf of the employees of Wagners Industrial Services Pty Ltd. The legal issues before the court centred around the fairness and compliance of the enterprise agreement with relevant labour laws.

The primary issue was whether the enterprise agreement met the criteria for being deemed as a "protected action agreement" under the Fair Work Act 2009. The Commission had to consider whether the agreement was fair and whether it complied with the procedural requirements set out in the Act. The Commission also needed to determine if the agreement was consistent with the National Employment Standards and the relevant modern awards.

The Commission found that the enterprise agreement was fair and met the necessary criteria. The agreement was deemed to be consistent with the National Employment Standards and complied with the relevant modern awards. The Commission was satisfied that all procedural requirements had been met and that the agreement was not likely to have a detrimental effect on the employees. The application for approval was subsequently granted. The Commission concluded that the enterprise agreement was fair and appropriate for the employees of Wagners Industrial Services Pty Ltd.

Wagners Industrial Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established