Wallenius Wilhelmsen Solutions Pty Ltd

[2022] FWCA 2654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wallenius Wilhelmsen Solutions Pty Ltd

(AG2022/3185)

Wallenius Wilhelmsen Solutions Pty Ltd & AMWU Victorian Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 4 AUGUST 2022

Application for approval of the Wallenius Wilhelmsen Solutions Pty Ltd & AMWU Victorian Enterprise Agreement 2022.

Wallenius Wilhelmsen Solutions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Wallenius Wilhelmsen Solutions Pty Ltd & AMWU Victorian Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 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) being 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 4 August 2022 and, in accordance with s.54, will operate from 11 August 2022. The nominal expiry date of the Agreement is 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Wallenius Wilhelmsen Solutions Pty Ltd and the Australian Maritime Workers’ Union (AMWU). The parties were in dispute over the approval of the 2022 Enterprise Agreement. The application to the Fair Work Commission was to gain the necessary endorsement to formalise the agreement, which had been negotiated between the employer and the union. The Commission's task was to ensure that the agreement met the statutory requirements of the Fair Work Act 2009 and to determine whether it provided for the fair and equitable treatment of employees.

The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act. This included an assessment of whether the agreement had been made in accordance with the procedural requirements, such as the proper bargaining process, and whether it contained all the mandatory terms and conditions as stipulated by the Act. The Commission also had to consider whether the agreement would have a detrimental effect on employees or the broader workforce, and whether it provided for appropriate dispute resolution mechanisms.

In delivering its decision, the Commission examined the evidence and submissions from both parties. It determined that the agreement had been made through proper bargaining processes and that it contained all the necessary terms and conditions as required by the Act. The Commission also found that the agreement did not have a detrimental effect on employees and provided adequate provisions for dispute resolution. The Commission was satisfied that the agreement met all the legal criteria for approval and endorsed the Enterprise Agreement as fair and reasonable.

The Fair Work Commission approved the Wallenius Wilhelmsen Solutions Pty Ltd & AMWU Victorian Enterprise Agreement 2022, affirming its compliance with the Fair Work Act. The endorsement of the agreement formalises the terms and conditions of employment between the employer and the union, providing a clear framework for the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established