DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagners Industrial Services Pty Ltd
(AG2019/1598)

WAGNERS INDUSTRIAL SERVICES PTY LTD PRECAST EMPLOYEE ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JULY 2019

Application for approval of the Wagners Industrial Services Pty Ltd Precast Employee Enterprise Agreement 2019

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 10 July 2019 and, in accordance with s 54, will operate from 17 July 2019. The nominal expiry date of the Agreement is 10 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Wagners Industrial Services Pty Ltd involved a dispute regarding the approval of the Wagners Industrial Services Pty Ltd Precast Employee Enterprise Agreement 2019. The applicant, Wagners Industrial Services Pty Ltd, sought approval for the proposed enterprise agreement from the Fair Work Commission. The respondent, the Australian Manufacturing Workers' Union, raised objections to the proposed agreement.

The legal issues that the court was required to determine included whether the agreement satisfied the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it provided for the fair and reasonable terms and conditions of employment. The court was also required to consider whether the agreement provided for a fair and reasonable process for resolving disputes between the parties.

The court found that the agreement satisfied the requirements of the Fair Work Act 2009, including the good faith requirement. The court also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties. The court noted that the agreement included provisions for the resolution of disputes through conciliation and, if necessary, arbitration. The court found that the agreement provided for the fair and reasonable terms and conditions of employment, including provisions for minimum rates of pay, leave entitlements, and other benefits.

The court approved the Wagners Industrial Services Pty Ltd Precast Employee Enterprise Agreement 2019, subject to certain modifications to ensure that it complied with the Fair Work Act 2009. The modifications included changes to the agreement's provisions regarding the calculation of overtime and the resolution of disputes. The court found that these modifications were necessary to ensure that the agreement complied with the requirements of the Fair Work Act 2009.

Wagners Industrial Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established