DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waterside Engineering Pty Ltd
(AG2018/7115)

WATERSIDE ENGINEERING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Waterside Engineering Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Waterside Engineering Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waterside Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 24.4.2 – Severance Payment

• Clause 28.8 – Annual Leave

However, noting clause 3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Waterside Engineering Pty Ltd applied for approval of the Waterside Engineering Enterprise Agreement 2018. The application was opposed by the Maritime Union of Australia. The dispute centred on whether the proposed agreement met the requirements of Australian labour law, specifically section 231 of the Fair Work Act 2009, which outlines the criteria for an enterprise agreement to be approved.

The central legal issues before the Commission were whether the agreement provided for a fair and efficient system of determining wages and other conditions of employment and whether it included a dispute resolution process. The Commission also needed to consider whether the agreement was free from any unlawful content, particularly in relation to any discrimination or adverse action provisions.

In examining the agreement, the Commission assessed its provisions against the legislative framework. It determined that the agreement established a fair and efficient system for determining wages and other employment conditions. The Commission was satisfied that the proposed dispute resolution process was adequate and that there were no unlawful provisions within the agreement. Consequently, the Commission approved the Waterside Engineering Enterprise Agreement 2018, finding it to be compliant with the statutory requirements.

Waterside 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