DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagstaff Piling Pty Ltd T/A Wagstaff Piling Pty Ltd
(AG2019/2396)

WAGSTAFF PILING PTY LTD WESTERN AUSTRALIAN EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 SEPTEMBER 2019

Application for approval of the Wagstaff Piling Pty Ltd Western Australian Employees Enterprise Agreement 2019-2022.

[1] Wagstaff Piling Pty Ltd has made an application for the approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd Western Australian Employees Enterprise Agreement 2019-2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] 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.

[5] The Agreement was approved on 19 September 2019 and, in accordance with s 54, will operate from 26 September 2019. The nominal expiry date of the Agreement is 20 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wagstaff Piling Pty Ltd, trading as Wagstaff Piling Pty Ltd, applied for approval of the Western Australian Employees Enterprise Agreement 2019-2022 before the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009. The legal issues the court had to determine involved whether the agreement met the requirements under the Fair Work Act 2009 for approval, specifically whether it was a simple, low risk, or high-risk agreement and if it complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the agreement was a low-risk agreement as it was entered into in good faith and did not adversely affect the ability of employees to resolve workplace issues. The Commission considered that the agreement contained provisions that were in line with the relevant legislative framework and did not impose undue hardship on the employer. The agreement included terms regarding wages, hours of work, leave entitlements, and other employment conditions. The Commission noted that the agreement provided for the resolution of workplace disputes through negotiation and, if necessary, through the Fair Work Commission. The Commission concluded that the agreement was fair and reasonable and approved it.

The Fair Work Commission approved the application for approval of the Western Australian Employees Enterprise Agreement 2019-2022, which will now be registered under the Fair Work Act 2009. The agreement will apply to employees of Wagstaff Piling Pty Ltd in Western Australia and will remain in effect until the end of the agreement period. The approval of the agreement provides a framework for the employment relationship between the employer and employees, ensuring that it is fair and reasonable.

Wagstaff Piling Pty Ltd T/A 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