DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waternish Engineering Pty Ltd
(AG2016/6806)

WATERNISH ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 JANUARY 2017

Application for approval of the Waternish Engineering Pty Ltd Enterprise Agreement 2016.

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

[2] A hearing was conducted on 9 January 2017 where I issued an interim Decision 1 that I would approve the agreement subject to the provision of further undertakings to address outstanding BOOT issues.2 The Applicant has provided the required 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. 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 10 January 2017 and, in accordance with s.54, will operate from 17 January 2017. The nominal expiry date of the Agreement is 10 January 2021.

COMMISSIONER

ANNEXURE A

1 [2017] FWC 153

2 Ibid at para. 28.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Waternish Engineering Pty Ltd applied for the approval of the Waternish Engineering Pty Ltd Enterprise Agreement 2016. The applicant, a civil engineering company, had negotiated the agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The CFMEU represents the employees of Waternish Engineering Pty Ltd and had argued that the agreement provided for fair and reasonable terms of employment. The applicant argued that the agreement was in the best interests of the employees and the company.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms of employment, and whether it was in the best interests of the employees and the employer. The Commission also had to consider whether the agreement complied with any relevant safety net provisions.

The Commission found that the agreement provided for fair and reasonable terms of employment, and that it was in the best interests of the employees and the employer. The Commission noted that the agreement provided for a number of benefits for employees, including pay rates, leave entitlements, and conditions of employment. The Commission also found that the agreement complied with relevant safety net provisions. The Commission was satisfied that the agreement met the statutory requirements for approval under the Fair Work Act 2009.

Accordingly, the Commission approved the Waternish Engineering Pty Ltd Enterprise Agreement 2016. The approval is effective from the date of the decision and is registered with the Fair Work Commission. The parties are bound by the terms of the agreement, which will apply to the employees of Waternish Engineering Pty Ltd. The agreement will remain in force until it is terminated or replaced by a new agreement.

Waternish Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established