DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wastech Engineering Pty Ltd
(AG2019/2841)

WASTECH ENGINEERING PTY LTD WORKPLACE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	SYDNEY, 19 AUGUST 2019

Application for approval of the Wastech Engineering Pty Ltd Workplace Agreement 2019

[1] Wastech Engineering Pty Ltd has made an application for approval of an enterprise agreement known as the Wastech Engineering Pty Ltd Workplace Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 19 August 2019 and, in accordance with s 54, will operate from 26 August 2019. The nominal expiry date of the Agreement is 26 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Wastech Engineering Pty Ltd applied for approval of its Workplace Agreement 2019. The applicant sought to have the agreement certified as a lawful and appropriate instrument of conciliation and arbitration, ensuring that it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the standards set out in the Act, particularly whether it contained all the prescribed terms, and whether it was genuinely agreed upon by the parties. The key areas of contention revolved around the terms relating to employee entitlements, procedural fairness, and the process by which the agreement was negotiated and signed.

The Commission examined the contents of the agreement to ensure it included all prescribed terms. It considered the evidence provided regarding the negotiation process and the extent of employee participation. The Commission was satisfied that the agreement was a genuine product of negotiations between the parties and that it contained all the necessary terms as stipulated in the Act. Therefore, the Commission approved the Wastech Engineering Pty Ltd Workplace Agreement 2019, deeming it a lawful and appropriate instrument of conciliation and arbitration.

The Fair Work Commission approved the Wastech Engineering Pty Ltd Workplace Agreement 2019, certifying it as a lawful and appropriate instrument of conciliation and arbitration, effective from the date of the decision. The agreement was found to comply with all statutory requirements, including the inclusion of prescribed terms and evidence of genuine negotiation.

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