Wagners Industrial Services Pty Ltd

[2019] FWCA 3080

[2019] FWCA 3080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagners Industrial Services Pty Ltd
(AG2019/603)

WAGNERS INDUSTRIAL SERVICES PTY LTD QUARRYING EMPLOYEE ENTERPRISE AGREEMENT 2018

Quarrying industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 MAY 2019

Application for approval of the Wagners Industrial Services Pty Ltd Quarrying Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Quarrying Employee Enterprise Agreement 2018 (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] 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I note that clauses 13.2(a), 13.2(c), 15, 20.2, 31.4 and 55.2 of the Agreement make provision for the employer to deduct monies from payments due to employees in a variety of circumstances. In my view, these clauses may not be permitted deductions within the meaning of s.324 of the Act, and pursuant to s.326 of the Act are likely to have no effect to the extent that they are not permitted deductions. However, notwithstanding my views on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[5] The Agreement was approved on 6 May 2019 and, in accordance with s.54, will operate from 13 May 2019. The nominal expiry date of the Agreement is 6 May 2023.

COMMISSIONER

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Annexure A