Wagners Industrial Services Pty Ltd Summary

[2022] FWCA 3392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wagners Industrial Services Pty Ltd

(AG2022/4004)

Wagners Industrial Services Pty Ltd Precast Employee Enterprise Agreement

Cement and concrete products
COMMISSIONER SPENCER	BRISBANE, 30 SEPTEMBER 2022

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

An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Precast Employee Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wagner Industrial Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wagners Industrial Services Pty Ltd, represented by its authorised officer, applied for approval of the Wagners Industrial Services Pty Ltd Precast Employee Enterprise Agreement 2022. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, including being in the best interests of the employees and meeting the genuine agreement criteria. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, who submitted that the agreement was not genuinely agreed upon by the majority of the employees, and that it contained terms that were not in the best interests of the employees.

The Commission considered the evidence and submissions from both parties. The Commission found that the agreement had been genuinely agreed upon by the majority of the employees, and that it contained terms that were in the best interests of the employees. The Commission noted that the agreement provided for a pay increase, improved leave entitlements, and better dispute resolution processes. The Commission also found that the agreement met all the other requirements of the Fair Work Act.

The Commission approved the Wagners Industrial Services Pty Ltd Precast Employee Enterprise Agreement 2022. The Commission found that the agreement was a genuine agreement, in the best interests of the employees, and met all the other requirements of the Fair Work Act. The Commission noted that the agreement provided for improved terms and conditions for the employees, and that it had been negotiated in good faith by both parties. The Commission also noted that the agreement provided for a robust dispute resolution process, which would help to ensure that any future disputes were resolved quickly and efficiently.

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