DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walker Australia Pty Ltd
(AG2016/4726)

WALKER AUSTRALIA PTY LTD CONTINUOUS IMPROVEMENT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Walker Australia Pty Ltd Continuous Improvement Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Walker Australia Pty Ltd Continuous Improvement Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Walker Australia Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, Construction, Forestry, Mining and Energy Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Walker Australia Pty Ltd was the subject of an application for the approval of the Walker Australia Pty Ltd Continuous Improvement Enterprise Agreement 2016. The applicant, an incorporated association representing employees of Walker Australia, sought the Fair Work Commission's endorsement of the agreement. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was free from any prohibited content. Specifically, the court needed to determine if the agreement adequately addressed minimum wages, penalty rates, leave entitlements, and other key employment conditions. Furthermore, the court had to ensure the agreement did not include any provisions that were contrary to public policy or otherwise unlawful.

The Fair Work Commission examined the agreement meticulously to ascertain its compliance with the statutory framework. It found that the agreement satisfied all mandatory term requirements and was devoid of prohibited content. The agreement was comprehensive, covering essential aspects such as wages, hours of work, and other conditions of employment. Consequently, the Commission approved the agreement, recognising its adherence to the legislative standards and its fairness to both the employees and the employer.

The Commission's approval of the Walker Australia Pty Ltd Continuous Improvement Enterprise Agreement 2016 was based on its determination that the agreement met all legal prerequisites for endorsement. This decision ensures that the agreement will govern the employment terms and conditions of the employees as intended.

Walker Australia 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