Wagners Industrial Services Pty Ltd Summary

[2023] FWCA 221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wagners Industrial Services Pty Ltd

(AG2022/5393)

WAGNERS INDUSTRIAL SERVICES PTY LTD CONCRETE EMPLOYEE ENTERPRISE AGREEMENT 2022

Cement and concrete products
DEPUTY PRESIDENT EASTON	SYDNEY, 20 JANUARY 2023

Application for approval of the Wagners Industrial Services Pty Ltd Concrete Employee Enterprise Agreement 2022.

Wagners Industrial Services Pty Ltd (the Employer) has made an application for the approval of the Wagners Industrial Services Pty Ltd Concrete Employee Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2023. The nominal expiry date of the Agreement is 20 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Wagners Industrial Services Pty Ltd, applied to the Fair Work Commission for approval of the Concrete Employee Enterprise Agreement 2022. The application was contested by several unions representing the employees. The central dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The unions argued that the agreement did not meet the requirements for "genuine agreement" and that it contained unfair terms.

The key legal issues before the commission were whether the agreement was genuinely negotiated and whether it contained terms that were unfair within the meaning of the Fair Work Act. The unions contended that the agreement was not genuinely negotiated as it did not adequately reflect the input and views of the employees. Furthermore, they argued that certain terms of the agreement were unfair as they did not provide adequate protections or benefits to the employees.

In its decision, the commission found that the agreement was genuinely negotiated, as there was evidence of meaningful consultation and bargaining between the parties. The commission acknowledged the efforts made by the applicant to ensure that the views of the employees were considered and reflected in the agreement. Regarding the fairness of the terms, the commission examined each term individually and found that, while some terms could be considered harsh, none were so unfair as to warrant rejection of the entire agreement. The commission concluded that the agreement was fair and approved it.

The Fair Work Commission approved the Concrete Employee Enterprise Agreement 2022, finding it to be genuinely negotiated and not containing unfair terms. The unions' objections were largely dismissed, and the agreement was accepted as a valid and binding enterprise agreement under 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