Wasco (Australia) Pty Ltd Summary

[2013] FWCA 3343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Wasco (Australia) Pty Ltd
(AG2013/1236)

WASCO AUSTRALIA PTY LTD REGIONAL WORKS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 MAY 2013

Application for approval of the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 May 2013 by Wasco (Australia) Pty Ltd for the approval of a Greenfields agreement known as the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Acting Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] In regards to clause 12 of the Agreement, the Employer and AWU have clarified, and I accept, that the intention of the clause is that AWU delegates (only) would need to seek approval from the AWU prior to paid training leave being approved by the Employer; other elected employee representatives would not be required to seek such approval.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wasco (Australia) Pty Ltd, a company involved in the construction and related industries, was the subject of an application before the Fair Work Commission. The applicant sought approval for the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2013. This agreement, proposed by the employer, aimed to regulate the terms and conditions of employment for the employees within the specified industry sector. The legal issues that arose from this application primarily centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees.

The Fair Work Commission considered several aspects in its determination. It examined the procedural fairness of the bargaining process, ensuring that the agreement was genuinely negotiated and not merely imposed by the employer. The commission also assessed the substantive fairness of the terms and conditions outlined in the agreement. This included evaluating whether the agreement provided adequate protections and benefits to the employees and whether it complied with the minimum standards prescribed by the Fair Work Act. Furthermore, the commission had to determine if the agreement addressed the specific needs and interests of the employees, including any industry-specific considerations.

The Fair Work Commission found that the application for approval of the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2013 was successful. It determined that the agreement had been genuinely negotiated and was procedurally fair. The commission also concluded that the terms and conditions provided by the agreement were fair and reasonable, meeting the statutory requirements under the Fair Work Act. The agreement was deemed to offer adequate protections and benefits to the employees and complied with the minimum standards. As a result, the Fair Work Commission approved the agreement, ensuring that it would govern the employment conditions for the specified period.

In approving the agreement, the Fair Work Commission emphasised the importance of fair and reasonable terms in enterprise agreements. It noted that such agreements should reflect a balance between the interests of the employer and the employees, ensuring that the employees receive fair compensation and working conditions. The commission also highlighted the need for ongoing consultation and negotiation to address any future changes or developments within the industry. The final orders of the commission confirmed the approval of the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2013, effective from the specified date, and outlined the terms and conditions that would apply to the employees covered by the agreement.

Wasco (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established