Wagners Industrial Services Pty Ltd Summary

[2014] FWCA 5672

FAIR WORK COMMISSION

DECISION

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

Wagners Industrial Services Pty Ltd
(AG2014/1826)

WAGNERS INDUSTRIAL SERVICES PTY LTD CEMENT AND LIME EMPLOYEE ENTERPRISE AGREEMENT 2014

Cement and concrete products
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 AUGUST 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Cement and Lime 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] In my view, the Consultation provision in clause 56 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

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

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

[7] The Agreement is approved and, in accordance with s.54, will operate from 26 August 2014. The nominal expiry date of the Agreement is 18 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

In the Fair Work Commission, the applicant, Wagners Industrial Services Pty Ltd, sought approval of the Cement and Lime Employee Enterprise Agreement 2014. The applicant is an employer in the cement and lime industry, and the agreement in question relates to the terms and conditions of employment for its employees. The dispute arose as the applicant sought to have the agreement approved by the Commission to ensure it met the necessary legal standards and protections for employees.

The legal issues before the Commission involved determining whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement covered all the mandatory topics as required by the Act, including minimum wages, penalty rates, leave entitlements, and other conditions of employment. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether it provided for the proper registration of the agreement, including the necessary certification process.

The Commission found that the agreement generally complied with the requirements of the Fair Work Act. The mandatory topics were adequately addressed, and the terms were considered fair and reasonable. The applicant had demonstrated good faith in negotiating the agreement, and the process for its registration was appropriately followed. The Commission concluded that the agreement met the necessary legal standards and approved it, effective from the specified date. The Commission also noted that any disputes arising under the agreement would be subject to the dispute resolution procedures outlined within the agreement itself.

Wagners Industrial Services Pty Ltd

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