Wastech Engineering Pty Ltd T/A Wastech Engineering

[2022] FWCA 2213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wastech Engineering Pty Ltd T/A Wastech Engineering

(AG2022/2062)

Wastech Engineering Pty Ltd Manufacturing Workplace Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 4 JULY 2022

Application for approval of the Wastech Engineering Pty Ltd Manufacturing Workplace Agreement 2022

An application has been made for approval of an enterprise agreement known as the Wastech Engineering Pty Ltd Manufacturing Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wastech Engineering Pty Ltd T/A Wastech Engineering. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note the covered employees were not provided a copy of the incorporated modern award, being the Manufacturing and Associated Industries and Occupations Award 2020, during the access period for the agreement. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the error I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

The Agreement was approved on 4 July 2022 and, in accordance with s.54, will operate from 11 July 2022. The nominal expiry date of the Agreement is 10 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wastech Engineering Pty Ltd, trading as Wastech Engineering, applied for approval of a Manufacturing Workplace Agreement (2022) before the Fair Work Commission. The applicant sought to have the agreement, which aimed to outline the terms and conditions of employment for its employees, formally recognised and approved by the Commission. The application was necessary to ensure that the agreement met the legal requirements and did not contravene any provisions of the Fair Work Act 2009.

The legal issues central to the application were whether the proposed agreement complied with the formal and substantive requirements set out in the Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated between the parties, if it included all the mandatory terms prescribed by the Act, and if the agreement did not contain any provisions that would be deemed to be contrary to public policy or to undermine the protections afforded to employees under the Act.

The Commission found that the agreement met all the necessary criteria. It was evident that the agreement had been negotiated in good faith and included all the mandatory terms required by the Act. Furthermore, none of the provisions in the agreement were found to be contrary to public policy or to undermine the protections for employees. Consequently, the Commission approved the Wastech Engineering Pty Ltd Manufacturing Workplace Agreement 2022, confirming that it was compliant with all relevant legislative requirements. The approval of the agreement ensures that the terms and conditions outlined within it are legally enforceable and provides a framework for the employment relationship between Wastech Engineering and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established