DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walker Services Pty Ltd t/a Walker Services
(AG2021/4311)

WALKER SERVICES PTY LTD ENTERPRISE AGREEMENT 2021

Plumbing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 7 APRIL 2021

Application for approval of the Walker Services Pty Ltd Enterprise Agreement 2021.

[1] Walker Services Pty Ltd has applied for approval of a single enterprise agreement known as the Walker Services Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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 7 April 2021 and, in accordance with s.54, will operate from 14 April 2021. The nominal expiry date of the Agreement is 15 January 2025.

[4] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Walker Services Pty Ltd t/a Walker Services, the Fair Work Commission was tasked with approving an enterprise agreement submitted by the employer. The applicant, Walker Services, sought to have the proposed agreement, titled the Walker Services Pty Ltd Enterprise Agreement 2021, ratified by the Commission. The agreement in question was the result of negotiations between the employer and the union representing the employees, which aimed to establish the terms and conditions of employment for the workforce.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. Key points of contention included the agreement's conformity with the "better off overall test" (BOOT), which ensures that employees are not worse off financially under the new terms compared to their previous conditions, as well as whether the agreement met the procedural requirements set forth in the legislation.

Upon reviewing the evidence and submissions presented by both parties, the Commission determined that the Walker Services Pty Ltd Enterprise Agreement 2021 was compliant with the statutory requirements. The Commission found that the agreement passed the BOOT and that the process through which the agreement was negotiated and submitted adhered to the procedural mandates of the Act. Consequently, the Commission approved the agreement, signifying that it met the necessary standards for endorsement and could be implemented as the new terms of employment for the workers.

In light of the approval, the Fair Work Commission mandated that the Walker Services Pty Ltd Enterprise Agreement 2021 be registered and enforced, ensuring that the terms outlined within would govern the employment conditions moving forward. The decision underscored the importance of compliance with both substantive and procedural aspects of enterprise agreements under Australian labour law.

Walker Services Pty Ltd t/a Walker Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established