DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallenius Wilhelmsen Solutions Australia Pty Ltd
(AG2021/4095)

WALLENIUS WILHELMSEN SOLUTIONS NSW & AMWU ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 6 APRIL 2021

Application for approval of the Wallenius Wilhelmsen Solutions NSW & AMWU Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Wallenius Wilhelmsen Solutions NSW & AMWU Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wallenius Wilhelmsen Solutions Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 13 April 2021. The nominal expiry date of the Agreement is 1 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of the Wallenius Wilhelmsen Solutions NSW & AMWU Enterprise Agreement 2020. The applicant, Wallenius Wilhelmsen Solutions Australia Pty Ltd, sought approval of the agreement from the Fair Work Commission. The Australian Maritime Workers' Union (AMWU) was the other party involved in the application. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. The Commission needed to determine if the agreement had been made in good faith, if it contained the minimum entitlements prescribed by the Fair Work Act, and if the agreement-making process was fair and appropriate. Additionally, the Commission considered whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission found that the agreement met the necessary legal criteria for approval. The Commission was satisfied that the agreement was made in good faith and contained all the minimum entitlements required by the Fair Work Act. The Commission also found that the process through which the agreement was made was fair and appropriate. In light of these findings, the Commission concluded that the agreement was in the best interests of the employees and the employer. Consequently, the Fair Work Commission approved the Wallenius Wilhelmsen Solutions NSW & AMWU Enterprise Agreement 2020.

No further orders were made by the Commission beyond the approval of the agreement. The decision was binding on both parties and enforceable under the Fair Work Act. This decision provides clarity on the requirements for approving enterprise agreements and sets a precedent for similar agreements in the future.

Wallenius Wilhelmsen Solutions 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