DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagners Industrial Services Pty Ltd
(AG2018/5700)

WAGNERS INDUSTRIAL SERVICES PTY LTD CEMENT AND LIME EMPLOYEE ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER BISSETT	MELBOURNE, 21 FEBRUARY 2019

Application for approval of the Wagners Industrial Services Pty Ltd Cement and Lime Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Wagners Industrial Services Pty Ltd Cement and Lime 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2019. The nominal expiry date of the Agreement is 20 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wagners Industrial Services Pty Ltd applied for approval of the Cement and Lime Employee Enterprise Agreement 2018. The application was heard by the Fair Work Commission. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The key legal issues involved assessing whether the agreement was appropriately certified and if it contained the necessary provisions to be deemed a lawful and fair enterprise agreement.

The Commission examined the process by which the agreement was certified and the contents of the agreement itself. The court confirmed that the agreement was properly certified as it followed the necessary procedural requirements under the Act. The Commission also found that the agreement contained all the required provisions as stipulated by the legislation. It included minimum wages, hours of work, and other terms and conditions of employment, ensuring it met the standards for a lawful enterprise agreement. The Commission concluded that the agreement was fair and lawful, and approved it accordingly.

The Fair Work Commission approved the Cement and Lime Employee Enterprise Agreement 2018, finding that it was properly certified and contained all the necessary provisions. The decision was based on a thorough review of the certification process and the contents of the agreement, ensuring compliance with 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