DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagstaff Piling Pty Ltd t/a Wagstaff Piling
(AG2016/3587)

WAGSTAFF PILING PTY LTD AND NSW EMPLOYEES ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JULY 2016

Application for approval of the Wagstaff Piling Pty Ltd and NSW Employees Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wagstaff Piling Pty Ltd and NSW Employees Enterprise Agreement 2016 - 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 t/a Wagstaff Piling. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Wagstaff Piling Pty Ltd trading as Wagstaff Piling, an application was made for the approval of the NSW Employees Enterprise Agreement 2016-2019. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The applicant, Wagstaff Piling, sought to register the enterprise agreement which had been negotiated with its employees represented by the Building and Construction General On-Site Union (NSW & ACT).

The primary legal issue before the Commission was whether the agreement complied with the requirements for registration, particularly focusing on the provisions regarding employee entitlements and procedural fairness. The applicant argued that the agreement was made in good faith and covered all necessary matters. The Commission had to ensure that the agreement did not adversely affect employees' minimum entitlements and that the process of reaching the agreement was procedurally fair.

The Fair Work Commission concluded that the agreement met the statutory requirements for registration. The Commission found that the agreement was made in good faith, covered all necessary matters, and did not adversely affect employees' minimum entitlements. The process by which the agreement was reached was also deemed procedurally fair. Consequently, the Commission approved the registration of the NSW Employees Enterprise Agreement 2016-2019.

The Fair Work Commission ordered that the NSW Employees Enterprise Agreement 2016-2019 be registered as per the provisions of the Fair Work Act 2009. The registration took effect from the date of the Commission's decision, ensuring that the agreement would be legally binding for the duration of its term.

Wagstaff Piling Pty Ltd t/a Wagstaff Piling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established