DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wallenius Wilhelmsen Solutions Pty Ltd
(AG2019/5022)

WALLENIUS WILHELMSEN SOLUTIONS AUSTRALIA PTY LTD & AMWU VICTORIAN ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 13 MARCH 2020

Application for approval of the Wallenius Wilhelmsen Solutions Australia Pty Ltd & AMWU Victorian Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wallenius Wilhelmsen Solutions Australia Pty Ltd & AMWU Victorian Enterprise Agreement 2019 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The employer did not notify employees of the relevant vote information 7 clear days prior to the date the vote commenced. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and in accordance with s.54, will operate from 20 March 2020. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Maritime Union of Australia (Vic Branch) and Wallenius Wilhelmsen Solutions Australia Pty Ltd, the Fair Work Commission was tasked with approving the Wallenius Wilhelmsen Solutions Australia Pty Ltd & AMWU Victorian Enterprise Agreement 2019. The disagreement between the union and the employer centred on the terms and conditions of employment as outlined in the proposed agreement. The application was made to the Fair Work Commission under the Fair Work Act 2009, which mandates the approval of such agreements if they meet specific legal criteria.

The primary legal issues before the Commission were whether the agreement provided for the fair and efficient resolution of workplace issues, whether it included appropriate processes for variations and termination, and if it complied with the applicable provisions of the Fair Work Act. The Commission needed to determine if the agreement contained all the mandatory terms stipulated by the legislation, and whether it adhered to the good faith bargaining principles. Additionally, the Commission assessed whether the agreement was in the best interests of the employees and the employer.

In its reasoning, the Fair Work Commission found that the agreement was comprehensive and addressed all the necessary terms required by the Fair Work Act. The Commission concluded that the proposed agreement met the criteria for approval, as it provided for the fair and efficient resolution of workplace issues and contained appropriate processes for variations and termination. The agreement was deemed to be in the best interests of both the employees and the employer, and it complied with all mandatory provisions of the Fair Work Act. Consequently, the Commission approved the Wallenius Wilhelmsen Solutions Australia Pty Ltd & AMWU Victorian Enterprise Agreement 2019.

The final order of the Commission was that the proposed enterprise agreement be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement. The Fair Work Commission's decision provides clarity and legal certainty for both the Maritime Union of Australia (Vic Branch) and Wallenius Wilhelmsen Solutions Australia Pty Ltd, ensuring that the agreed terms are upheld in the workplace.

Wallenius Wilhelmsen Solutions 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