DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waycon Services Pty Limited
(AG2018/7403)

WAYCON SERVICES & AUSTRALIAN WORKERS’ UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Waycon Services & Australian Workers’ Union Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Waycon Services & Australian Workers’ Union Agreement 2018 (the Agreement). The application was made by Waycon Services Pty Limited pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Waycon Services Pty Limited sought approval for the Waycon Services & Australian Workers’ Union Agreement 2018. The union argued that the agreement was fair and appropriate, while Waycon Services contended that certain provisions were not fair and reasonable. The legal issues before the Commission involved whether the agreement met the statutory requirements for fairness and reasonableness under the Fair Work Act 2009. The Commission had to assess whether the agreement provided for a fair and reasonable balance between the parties, and whether it was in compliance with the relevant legislative provisions.

The Commission examined the terms and conditions of the agreement, focusing on the dispute resolution process, the incorporation of industry award terms, and the provisions related to redundancy. The union argued that the agreement provided for a fair and reasonable dispute resolution process, while Waycon Services argued that the process was not fair and reasonable. The Commission found that the dispute resolution process was fair and reasonable, as it provided for an independent and impartial resolution of disputes. The Commission also found that the incorporation of industry award terms was fair and reasonable, as it provided for a clear and consistent set of terms and conditions. The Commission held that the redundancy provisions were not fair and reasonable, as they did not provide for adequate consultation and notification to employees.

The Fair Work Commission approved the Waycon Services & Australian Workers’ Union Agreement 2018, with modifications to the redundancy provisions. The modifications included provisions for adequate consultation and notification to employees, as well as a requirement for the employer to provide a written explanation of the reasons for the redundancy. The modifications were necessary to ensure that the agreement met the statutory requirements for fairness and reasonableness. The Court found that the modifications did not significantly alter the nature of the agreement, and therefore, approval of the agreement was appropriate. The Court emphasised the importance of providing for fair and reasonable terms and conditions in workplace agreements, and the need for independent and impartial dispute resolution processes.

Waycon Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established