DECISION

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

Wagners Industrial Services Pty Ltd
(AG2019/4655)

WAGNERS INDUSTRIAL SERVICES PTY LTD PROJECT AND LOCAL SERVICES EMPLOYEE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 FEBRUARY 2020

Application for approval of the Wagners Industrial Services Pty Ltd Project and Local Services Employee Enterprise Agreement 2019.

[1] Wagners Industrial Services Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as The Wagners Industrial Services Pty Ltd Project and Local Services Employee Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with ss.191(1) and 201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 6 March 2020. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

The applicant, Wagners Industrial Services Pty Ltd, sought approval for the Wagners Industrial Services Pty Ltd Project and Local Services Employee Enterprise Agreement 2019. The Fair Work Commission was the tribunal tasked with deciding whether to approve the proposed agreement. The applicant argued that the agreement was fit for purpose and met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement adequately addressed the terms and conditions of employment for the employees covered by the agreement, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to consider whether the agreement provided for a fair and reasonable method of determining wages and other conditions of employment, and whether it complied with the process requirements for approval.

The Commission found that the proposed agreement met the statutory requirements for approval. The agreement provided for a fair and reasonable method of determining wages and other conditions of employment, and it complied with the process requirements for approval. The Commission noted that the agreement had been negotiated in good faith between the parties and that it provided for a comprehensive set of terms and conditions of employment. The Commission was satisfied that the agreement was fair and reasonable and met the statutory requirements for approval.

The Fair Work Commission approved the Wagners Industrial Services Pty Ltd Project and Local Services Employee Enterprise Agreement 2019. The Commission found that the agreement was fair and reasonable and met the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith and that it provided for a comprehensive set of terms and conditions of employment. The Commission was satisfied that the agreement was in the best interests of the employees covered by the agreement and that it would promote harmonious, productive and cooperative workplace relations.

Wagners Industrial Services Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established