Wastech Engineering P/L

[2013] FWCA 7240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wastech Engineering P/L
(AG2013/9323)

WASTECH ENGINEERING PTY LTD WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the Wastech Engineering Pty Ltd Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wastech Engineering Pty Ltd Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Wastech Engineering P/L. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 6.1 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 27 September 2013. The nominal expiry date of the Agreement is 26 September 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The applicant, Wastech Engineering P/L, sought approval of their Workplace Agreement 2013 under section 188 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which is the body responsible for making such decisions. The dispute arose because the applicant's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on the basis that the proposed agreement would negatively impact their conditions and entitlements. The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, as required by the Fair Work Act.

The Fair Work Commission considered whether the proposed agreement met the criteria for being a "better off overall test" (BOOT) agreement, which means that employees would not be worse off overall if the agreement replaced their previous employment conditions. The Commission examined the various terms and conditions of the proposed agreement, including pay rates, leave entitlements, and other employment benefits. The applicant argued that the proposed agreement would provide for improved conditions and benefits for employees, while the union contended that the agreement would result in significant detriments to employee conditions.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the proposed agreement did not meet the BOOT requirement. The Commission found that the proposed agreement would result in employees being worse off overall in terms of pay rates and other conditions. As a result, the Commission rejected the applicant's application for approval of the Workplace Agreement 2013. The Commission did not grant the approval sought by Wastech Engineering P/L. The decision was made on the basis that the proposed agreement failed to meet the statutory requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established