DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wastech Engineering Pty Ltd
(AG2016/5690)

WASTECH ENGINEERING PTY LTD WORKPLACE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Wastech Engineering Pty Ltd Workplace Agreement 2016.

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

[2] The Applicant 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 6 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Wastech Engineering Pty Ltd applied for the approval of a Workplace Agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The agreement in question was the Wastech Engineering Pty Ltd Workplace Agreement 2016, which proposed a number of changes to the terms of employment for the company's employees.

The legal issues before the Commission centred on whether the proposed changes in the agreement were consistent with the requirements of the Fair Work Act. The Commission had to determine if the agreement met the criteria for being a lawful and fair workplace agreement, including whether it contained the minimum entitlements required by the Act, and whether it was negotiated fairly and in good faith.

The Fair Work Commission found that the proposed agreement did meet the legal requirements for approval. The agreement contained all the minimum entitlements required by the Fair Work Act and did not include any provisions that were contrary to public policy. The Commission also found that the agreement had been negotiated in good faith and fairly. It considered the context of the negotiations, the process used, and the outcome of the negotiations. The Commission concluded that the agreement was fair and lawful and approved the Wastech Engineering Pty Ltd Workplace Agreement 2016.

Wastech Engineering 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