DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wasco Australia Pty Ltd T/A Wasco Australia Pty Ltd
(AG2020/58)

WASCO AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Oil and gas industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 MARCH 2020

Application for approval of the Wasco Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wasco Australia Pty Ltd 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 Wasco Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement was approved on 23 March 2020 and, in accordance with s.54, will operate from 30 March 2020. The nominal expiry date of the Agreement is 23 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the Fair Work Commission, Wasco Australia Pty Ltd, trading as Wasco Australia Pty Ltd, applied for the approval of an enterprise agreement. The applicants sought to have the Wasco Australia Pty Ltd Enterprise Agreement 2019 approved. The legal issues before the Commission were primarily focused on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for "genuine agreement" as required by the Fair Work (Registered Organisations) Act 2009. The Commission had to determine if the agreement was free from any illegality, coercion, or other factors that could undermine its genuine nature.

The Commission examined the procedural fairness of the agreement-making process, ensuring that it was conducted in accordance with the law and that both parties had genuinely agreed to the terms. The Commission also considered whether the agreement provided for proper mechanisms for resolving disputes and whether it was fair and reasonable in all its terms. The Commission found that the agreement was properly negotiated and that it met the statutory requirements for approval. The agreement was found to be free from any illegality or coercion and was deemed to be a genuine agreement between the parties.

The Fair Work Commission approved the Wasco Australia Pty Ltd Enterprise Agreement 2019. The approval was based on the finding that the agreement was fairly and genuinely negotiated and met all the statutory criteria for approval. The Commission did not identify any issues that would prevent the agreement from being approved. The approval of the agreement will provide a framework for the terms and conditions of employment for the employees covered by the agreement, ensuring that they are protected by the minimum entitlements and rights as prescribed by the Fair Work Act 2009.

Wasco Australia Pty Ltd T/A 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