WBHO Civil Pty Ltd

[2013] FWCA 3661

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WBHO Civil Pty Ltd
(AG2013/5678)

WBHO CIVIL PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 JUNE 2013

Application for approval of the WBHO Civil Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the WBHO Civil Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 4 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. Twenty eight of the bargaining representatives for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 5 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, the Civil Construction Union of Australia, applied for the approval of the WBHO Civil Pty Ltd Enterprise Agreement 2013. The respondent, WBHO Civil Pty Ltd, contested the application, asserting that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the requirements of the Act, particularly concerning the fairness and transparency of the agreement's provisions.

The court had to determine whether the agreement was a "bargained" agreement, as defined by the Act, and if it contained the necessary "good faith" elements. This included evaluating the process through which the agreement was negotiated and whether it was free from any coercion or undue influence. The court also needed to assess whether the agreement contained all the mandated terms and conditions as per the Fair Work Act, including minimum wage rates, penalty rates, and other employment conditions.

The Fair Work Commission found that the agreement was indeed a result of genuine bargaining and contained all the required terms and conditions. The court noted that there was no evidence of coercion or undue influence in the negotiation process. Consequently, the Commission approved the agreement, finding it to be fair and compliant with the Act. The decision underscored the importance of transparent and fair negotiation processes in the formation of enterprise agreements.

The final order was that the WBHO Civil Pty Ltd Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. This decision sets a precedent for similar agreements, reinforcing the legal standards for what constitutes a fair and properly negotiated enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established