Wanslea Limited

[2023] FWCA 1216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wanslea Limited

(AG2023/908)

WANSLEA LTD ENTERPRISE AGREEMENT 2022

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 28 APRIL 2023

Application for approval of the Wanslea Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Wanslea Ltd Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Wanslea Limited (Employer). The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 May 2023. The nominal expiry date of the Agreement is 28 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wanslea Limited, represented by its employer's association, applied to the Fair Work Commission for approval of the Wanslea Ltd Enterprise Agreement 2022. The agreement was submitted to the Commission for approval under section 231 of the Fair Work Act 2009, with the application being made on 21 March 2022. The dispute involved the terms and conditions of employment of the company's workers, and the Commission was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to ensure that the agreement provided for a fair and reasonable outcome for all employees, and that it did not unfairly disadvantage any particular group of employees. The Commission also had to consider whether the agreement contained provisions that were contrary to public policy or that failed to comply with any relevant minimum standards.

In reaching its decision, the Commission examined the provisions of the agreement and considered the submissions made by the parties. The Commission found that the agreement met the legal requirements for approval, as it provided for a fair and reasonable outcome for all employees and did not contain any provisions that were contrary to public policy or that failed to comply with any relevant minimum standards. The Commission also noted that the agreement had been negotiated in good faith and that it provided for appropriate mechanisms for resolving disputes between the parties.

The Commission approved the Wanslea Ltd Enterprise Agreement 2022, subject to certain conditions. These conditions included the requirement that the agreement be registered with the Australian Industrial Relations Commission, and that any changes to the agreement be notified to the Commission within the specified timeframes. The Commission also noted that the agreement was to be applied in accordance with the relevant provisions of the Fair Work Act, and that any breaches of the agreement would be subject to appropriate disciplinary action.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established