DECISION

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

Wagners Industrial Services Pty Ltd
(AG2014/7858)

WAGNERS INDUSTRIAL SERVICES PTY LTD QUARRYING EMPLOYEE ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 5 DECEMBER 2014

Application for approval of the Wagners Industrial Services Pty Ltd Quarrying Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Quarrying 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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 11 November 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Group Human Resources Manager Wagners, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 5 December 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wagners Industrial Services Pty Ltd, an employer in the quarrying industry, sought approval of the Quarrying Employee Enterprise Agreement 2014 (the Agreement) under section 230 of the Fair Work Act 2009. The Fair Work Commission (the Commission) heard the matter, with the Australian Building and Construction Union acting as a party with a relevant interest. The Commission's task was to determine whether the Agreement met the requirements of the Act and to consider whether it should be approved.

The key legal issues for the Commission were whether the Agreement provided for the proper protection of employees' wages and conditions and whether it was in the best interests of the employees covered by it. The Commission also needed to ensure the Agreement did not undermine the provisions of the Act designed to protect the rights of employees and did not have the effect of reducing the pay and conditions of employees. The Commission examined the Agreement's provisions to ascertain whether they were in accordance with the Act and if it could be approved in its entirety or if any changes or redactions were necessary.

The Commission determined that the Agreement met the requirements of the Act. It found that the Agreement provided for the proper protection of employees' wages and conditions and was in their best interests. The Commission considered that the Agreement was fair and did not undermine the provisions of the Act designed to protect the rights of employees. Furthermore, the Commission found that the Agreement did not have the effect of reducing the pay and conditions of employees. After carefully examining the provisions of the Agreement, the Commission concluded that it could be approved in its entirety without any changes or redactions.

The Commission approved the Quarrying Employee Enterprise Agreement 2014 in its entirety. This decision ensures that the employees of Wagners Industrial Services Pty Ltd have a fair and comprehensive enterprise agreement that protects their rights and interests under the Fair Work Act 2009.

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