Wallan Engineering Pty Ltd

[2023] FWCA 2489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wallan Engineering Pty Ltd

(AG2023/2489)

WALLAN ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 JULY 2023

Application for approval of the Wallan Engineering Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Wallan Engineering Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wallan Engineering Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

On the basis of the material contained in the application, and the 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.

The Agreement was approved on 28 July 2023 and, in accordance with s 54, will operate from 4 August 2023. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wallan Engineering Pty Ltd applied for the approval of an Enterprise Agreement (EA) with the Fair Work Commission (FWC). The EA was intended to govern the employment terms of certain employees within the company. The dispute arose from the standard procedural requirements for the approval of EAs under the Fair Work Act 2009. The FWC was tasked with determining whether the EA met the necessary criteria for approval, including the provision of a fair and efficient process for determining workplace issues.

The legal issues before the Commission involved the compliance of the EA with the statutory requirements of the Fair Work Act. Key points included whether the EA had been genuinely negotiated between the parties, the provision of relevant employee information, and the EA's adherence to the better-off-overall test. The FWC also needed to consider whether the EA complied with the good faith bargaining obligations and the prescribed provisions in the Act. Additionally, the Commission needed to assess the impact of the EA on the employees' conditions and whether it provided an effective means of resolving workplace issues.

After thorough examination, the FWC found that the EA complied with the necessary statutory requirements. The Commission concluded that the agreement was genuinely negotiated, provided sufficient information to employees, and met the better-off-overall test. The FWC noted that the EA included provisions for good faith bargaining and adhered to the prescribed provisions of the Fair Work Act. The EA was deemed to effectively address workplace issues and provide employees with an improved means of resolving such matters. Consequently, the FWC approved the EA, and it became legally binding from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established