Wallenius Wilhelmsen Solutions Pty Ltd

[2023] FWCA 2506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wallenius Wilhelmsen Solutions Pty Ltd

(AG2023/2574)

WALLENIUS WILHELMSEN SOLUTIONS PTY LTD & AMWU NSW ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 10 AUGUST 2023

Application for approval of the Wallenius Wilhelmsen Solutions Pty Ltd & AMWU NSW Enterprise Agreement 2023.

Wallenius Wilhelmsen Solutions Pty Ltd (the Employer) has made an application for the approval of the Wallenius Wilhelmsen Solutions Pty Ltd & AMWU NSW Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 1 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Wallenius Wilhelmsen Solutions Pty Ltd, sought approval of a proposed enterprise agreement with the Australian Maritime Workers’ Union, NSW Branch. The applicant, a logistics company, and the union, representing maritime workers, had negotiated an agreement covering terms and conditions of employment for workers engaged on certain vessels. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, including provisions related to good faith bargaining, the scope of the agreement, and compliance with the Fair Work (Registered Organisations) Act 2009.

The legal issues before the Commission included whether the agreement was the product of genuine good faith bargaining, whether it complied with the statutory requirements for the scope and content of enterprise agreements, and whether it provided adequate protections for employees. The Commission needed to consider whether the agreement covered all necessary aspects of employment, including wages and conditions, and whether it contained appropriate mechanisms for resolving disputes. Additionally, the Commission had to ensure that the agreement met the threshold criteria for approval, such as the majority support of eligible employees.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement was the product of genuine good faith bargaining and met the statutory requirements for enterprise agreements. The agreement contained comprehensive provisions covering wages, hours of work, leave, and dispute resolution mechanisms. The Commission also determined that the agreement was supported by a majority of eligible employees, thereby satisfying the threshold criteria for approval. Consequently, the Commission approved the Wallenius Wilhelmsen Solutions Pty Ltd & AMWU NSW Enterprise Agreement 2023, noting that it provided fair and reasonable terms and conditions for the employees covered by the agreement.

The Commission's decision to approve the enterprise agreement reflects its assessment that the agreement was negotiated in good faith, met all statutory requirements, and was supported by the majority of eligible employees. The final orders included the approval of the agreement, which is now legally binding on the parties from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established