Waycon Services Pty Ltd

[2018] FWCA 2494

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Waycon Services Pty Ltd

(AG2018/1641)

Waycon Services Pty Ltd / CFMEU Agreement 2018

Building, metal and civil construction industries
Deputy President Gostencnik	MELBOURNE, 4 MAY 2018

Application for approval of the Waycon Services Pty Ltd / CFMEU Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Waycon Services Pty Ltd / CFMEU 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 Waycon Services Pty Ltd. The agreement is a single enterprise agreement.

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.

The Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 4 May 2018 and, in accordance with s.54, will operate from 11 May 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Waycon Services Pty Ltd involved the Australian Competition and Consumer Commission seeking approval for an enterprise agreement between Waycon Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard by the Fair Work Commission (FWC). The legal issues before the FWC concerned whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement unfairly disadvantaged employees, if it complied with the no-disadvantage test, and if it contained any terms that were contrary to the public interest.

The FWC conducted a detailed examination of the proposed agreement. It considered the terms of the agreement, the bargaining positions of the parties, and the impact on the employees. The FWC concluded that the agreement did not unfairly disadvantage employees and that it complied with the no-disadvantage test. The FWC also found that none of the terms were contrary to the public interest. The FWC noted that the agreement included provisions for pay rates, entitlements, and working conditions that were generally consistent with industry standards. The FWC approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The approval of the agreement was a significant outcome for both Waycon Services Pty Ltd and the CFMEU. It provided certainty and stability for the employees covered by the agreement. The approval also demonstrated the FWC’s commitment to facilitating fair and effective enterprise bargaining. The final orders of the FWC approved the agreement, with the specified modifications, and mandated that it be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established