Wagners Industrial Services Pty Ltd Summary

[2014] FWCA 6301

FAIR WORK COMMISSION

DECISION

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

Wagners Industrial Services Pty Ltd
(AG2014/7025)

WAGNERS INDUSTRIAL SERVICES PTY LTD CONCRETE AND PRECAST EMPLOYEE ENTERPRISE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 10 SEPTEMBER 2014

Application for approval of the Wagners Industrial Services Pty Ltd Concrete and Precast Employee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Concrete and Precast 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. I note that, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Fair Work Commission received correspondence dated 3 September 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Group Human Resource Manager, 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 10 September 2018.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the Concrete and Precast Employee Enterprise Agreement 2014, entered into by Wagners Industrial Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought pursuant to section 234 of the Fair Work Act 2009. The applicants sought the Commission's approval of the agreement, which had been negotiated between the employer and the union.

The primary legal issues that the Commission had to decide were whether the agreement met the procedural requirements under the Fair Work Act and whether it complied with the Act’s substantive provisions. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it contained the mandated minimum terms and conditions, and if it passed the ‘better off overall test’. The Commission also needed to consider whether the agreement was free from any prohibited content, such as discrimination or adverse action provisions.

In examining the agreement, the Commission assessed the bargaining processes, the fairness of the terms, and their compliance with the statutory requirements. The Commission found that the agreement had been made in good faith, that it contained all the mandated minimum terms and conditions, and that it passed the ‘better off overall test’. The Commission also determined that the agreement was free from prohibited content and was therefore compliant with the Fair Work Act. Consequently, the Commission approved the agreement, confirming that it met all legal standards for enterprise agreements.

The final orders of the Commission included the approval of the Concrete and Precast Employee Enterprise Agreement 2014, effective from the date of the decision. The agreement was certified for a period of four years, with provisions for its review and potential termination under specific conditions. The Commission's decision was based on the comprehensive compliance of the agreement with the Fair Work Act.

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