DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagstaff Piling Pty Ltd
(AG2015/85)

WAGSTAFF PILING PTY LTD & WESTERN AUSTRALIAN EMPLOYEES ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the Wagstaff Piling Pty Ltd & Western Australian Employees Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd & Western Australian Employees Enterprise Agreement 2015-2019 (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. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 5 February 2015 and, in accordance with s.54, will operate from 12 February 2015. The nominal expiry date of the Agreement is 5 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Wagstaff Piling Pty Ltd and Western Australian Employees Enterprise Agreement 2015-2019. The applicant, Wagstaff Piling Pty Ltd, sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009. The respondents, represented by the Australian Manufacturing Workers’ Union, contested the application on various grounds, including that the agreement did not meet the genuine agreement criteria.

The central legal issue was whether the enterprise agreement satisfied the requirements of section 230 of the Fair Work Act, which mandates that such agreements must be genuinely agreed upon by the parties. This involved an examination of the bargaining process and whether it met the procedural fairness standards set out in the Act. Additionally, the court had to consider whether the agreement contained provisions that were consistent with the provisions of the Act and the Fair Work Regulations.

In delivering its decision, the Commission focused on the bargaining process and whether it was conducted in good faith and without coercion. The Commission found that the agreement had been genuinely negotiated and that there was no evidence of coercion or unfairness in the process. The court also determined that the agreement contained provisions that were consistent with the Act and the regulations. Consequently, the application for approval was successful, and the agreement was recognised as a protected action agreement. The Commission emphasised the importance of genuine agreement and procedural fairness in enterprise bargaining, highlighting the need for parties to engage in good faith negotiations.

The Commission's final order was that the Wagstaff Piling Pty Ltd and Western Australian Employees Enterprise Agreement 2015-2019 be approved and recognised as a protected action agreement. This decision reinforced the importance of ensuring that enterprise agreements are genuinely negotiated and comply with the requirements of the Fair Work Act.

Wagstaff Piling 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