Waycon Services Pty Ltd Summary

[2024] FWCA 528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Waycon Services Pty Ltd

(AG2024/155)

WAYCON SERVICES ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 6 FEBRUARY 2024

Application for approval of the Waycon Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Waycon Services Enterprise Agreement 2024 (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.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 6 February 2028.

COMMISSIONER

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CaseChat Overview and Summary

Waycon Services Pty Ltd sought approval of the Waycon Services Enterprise Agreement 2024. The application was before the Fair Work Commission. The primary parties involved were Waycon Services Pty Ltd, as the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The agreement sought to cover employees' wages, conditions, and dispute resolution mechanisms.

The legal issues before the court involved assessing whether the agreement provided for a fair and reasonable rate of pay, included appropriate provisions for employee entitlements, and complied with the relevant provisions of the Fair Work Act. The court also needed to consider if the agreement was made in good faith and if it met the requirements of the Better Off Overall Test (BOOT). The court had to determine if the agreement provided employees with terms and conditions that were at least as favourable as those they would have received under the relevant award or registered agreement.

The Fair Work Commission found that the agreement met the criteria for approval. It provided for a fair and reasonable rate of pay, included appropriate provisions for employee entitlements, and was made in good faith. The Commission was satisfied that the agreement met the requirements of the Better Off Overall Test, as it provided employees with terms and conditions that were at least as favourable as those they would have received under the relevant award or registered agreement. The agreement was approved, and the Fair Work Commission issued a certificate of registration.

The final orders of the court were that the Waycon Services Enterprise Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would apply to the employees covered by the agreement.

Waycon Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established