DECISION

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

Wagners Industrial Services Pty Ltd
(AG2014/10433)

WAGNERS INDUSTRIAL SERVICES PTY LTD WORKSHOP AND STEEL REINFORCING EMPLOYEE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 JANUARY 2015

Application for approval of the Wagners Industrial Services Pty Ltd Workshop and Steel Reinforcing Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Workshop and Steel Reinforcing Employee Enterprise Agreement 2014 (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.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] My satisfaction as to s.186 is subject to written undertakings, provided in relation to concerns raised by me in respect of approval of the Agreement, which are attached to this Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 February 2015. The nominal expiry date of the Agreement is 27 January 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE412414 PR560506>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Wagners Industrial Services Pty Ltd, the applicant, sought approval of the Workshop and Steel Reinforcing Employee Enterprise Agreement 2014, which was made between the company and the Construction, Forestry, Maritime, Mining and Energy Union, the respondent. The dispute centred around the procedural fairness and compliance of the agreement with relevant industrial laws. The Commission was tasked with determining whether the agreement was made in accordance with the Fair Work Act 2009 and whether the application for approval was in order.

The legal issues at hand were primarily whether the agreement was genuinely negotiated and whether the requisite procedural steps were followed during the negotiation process. Additionally, the court needed to assess if the agreement met the standards for being deemed "in the national interest" under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and was in the national interest, while the respondent raised concerns about procedural fairness and compliance with relevant provisions.

The Fair Work Commission concluded that the agreement was genuinely negotiated and that the procedural steps required by law were followed. The Commission found that the agreement was made in good faith and that it met the criteria for being in the national interest. The court was satisfied that the applicant had demonstrated that the agreement would result in a more productive and efficient workplace, which was in the interests of both the employer and employees. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The final orders of the Commission were that the Workshop and Steel Reinforcing Employee Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the condition that it would be in effect from the date of registration and would remain in force until 30 June 2018, unless terminated earlier in accordance with the agreement or the Act. The Commission also ordered that the applicant and respondent provide a copy of the registered agreement to the Fair Work Ombudsman within 14 days of the registration.

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