DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wasco (Australia) Pty Ltd
(AG2016/7747)

WASCO AUSTRALIA PTY LTD REGIONAL WORKS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 FEBRUARY 2017

Application for approval of the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wasco (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 7 February 2017 and, in accordance with s.54, will operate from 14 February 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Wasco (Australia) Pty Ltd, the Fair Work Commission was tasked with approving the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2016. The dispute arose from the proposed agreement between the employer, Wasco (Australia) Pty Ltd, and the employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU raised concerns about the fairness and appropriateness of the agreement under the Fair Work Act 2009.

The central legal issues before the Commission involved determining whether the proposed agreement met the criteria for registration under the Fair Work Act, including whether it provided for the appropriate terms and conditions of employment, including pay and conditions, and whether it was free from any unfair content. The Commission needed to consider the principles of procedural and substantive fairness, ensuring that the agreement was not only procedurally sound but also fair in its substantive provisions.

The Commission found that the agreement was procedurally sound, as it was the outcome of genuine bargaining between the parties. Regarding the substantive fairness, the Commission concluded that the agreement provided for fair and reasonable terms and conditions, including pay and conditions, that were not unduly harsh, unreasonable, or discriminatory. The Commission also found that the agreement did not contain any unfair content, as it complied with the relevant provisions of the Fair Work Act. Therefore, the Commission approved the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2016.

The final orders included the approval of the agreement, which would now be registered with the Fair Work Commission, and would apply to the employees covered by the agreement. The agreement would provide the basis for the terms and conditions of employment for those employees, ensuring a fair and reasonable framework for their working conditions.

Wasco (Australia) 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