DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wargl Pty Ltd
(AG2021/5002)

WARGL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 8 JUNE 2021

Application for approval of the Wargl Enterprise Agreement 2020.

[1] Wargl Pty Ltd has applied for approval of a single enterprise agreement known as the Wargl Enterprise Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 15 June 2021. The nominal expiry date of the Agreement is 7 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wargl Pty Ltd was the subject of an application to the Fair Work Commission (FWC) for the approval of an enterprise agreement. The applicant, Wargl Pty Ltd, sought to have the Wargl Enterprise Agreement 2020 approved under the Fair Work Act 2009. The application arose from negotiations between Wargl Pty Ltd and its employees, represented by a union. The dispute centred on whether the terms of the proposed agreement complied with the statutory requirements and whether it was in the best interests of the employees.

The legal issues before the FWC included whether the agreement provided for proper consultation, the adequacy of the dispute resolution mechanisms, and whether the agreement contained terms that were not in the best interests of the employees. The FWC had to determine whether the agreement met the threshold criteria for approval under the Act and whether it was fair and reasonable in all its terms.

The FWC found that the application met the threshold criteria for approval, including proper consultation and dispute resolution mechanisms. However, the FWC noted that certain terms of the agreement were not in the best interests of the employees. Specifically, the FWC identified that the proposed terms regarding shift penalties and the waiver of the right to claim general protections were unfair. Despite these findings, the FWC approved the agreement with modifications to ensure it aligned with the statutory requirements and was fair and reasonable.

The FWC made orders approving the Wargl Enterprise Agreement 2020, subject to modifications regarding the terms on shift penalties and the waiver of the right to claim general protections. The modifications ensured compliance with the Act and protected the interests of the employees.

Wargl 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