Wagstaff Piling Pty Ltd

[2022] FWCA 3580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wagstaff Piling Pty Ltd

(AG2022/4151)

Wagstaff Piling Pty Ltd Western Australian Employees Enterprise Agreement 2022 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 13 OCTOBER 2022

Application for approval of the Wagstaff Piling Pty Ltd Western Australian Employees Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd Western Australian Employees Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wagstaff Piling Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 20 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Wagstaff Piling Pty Ltd involved an application by the company for the approval of the Western Australian Employees Enterprise Agreement 2022-2025. This agreement was proposed to govern the terms and conditions of employment for workers in the company's Western Australian operations over the specified period. The matter was heard in the Fair Work Commission, which has the jurisdiction to approve such enterprise agreements.

The legal issues before the court centred on whether the proposed agreement complied with the statutory requirements of the Fair Work Act 2009. The court needed to consider whether the agreement had been fairly and genuinely negotiated between the employer and the employees, if it met the minimum standards prescribed by the Act, and if it was in the best interests of the employees. Additionally, the court examined if the agreement contained all the mandated terms and conditions as required by the legislation.

In delivering its decision, the Commission noted that the agreement had been negotiated in good faith and that the parties had made a genuine effort to reach a consensus. The Commission also found that the agreement contained all the mandatory terms and conditions and met the minimum standards set out in the Fair Work Act. Furthermore, the Commission concluded that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms of employment. Consequently, the Commission approved the agreement, subject to certain conditions and modifications to address minor procedural concerns.

The Fair Work Commission approved the Western Australian Employees Enterprise Agreement 2022-2025, with the provision that certain modifications be made to address minor procedural issues identified during the review process. The approval of the agreement ensures that the terms and conditions of employment for workers in Wagstaff Piling Pty Ltd's Western Australian operations are governed by a legally binding and fair agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established