DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WBHO Infrastructure Pty Ltd T/A WBHO
(AG2016/1299)

WBHO INFRASTRUCTURE PTY LTD EMPLOYEE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JULY 2016

Application for approval of the WBHO Infrastructure Pty Ltd Employee Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the WBHO Infrastructure Pty Ltd Employee Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WBHO Infrastructure Pty Ltd T/A WBHO. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 11 July 2016 and, in accordance with s.54, will operate from 18 July 2016. The nominal expiry date of the Agreement is 11 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves WBHO Infrastructure Pty Ltd, trading as WBHO, and the Fair Work Commission. The dispute pertains to the application for approval of the WBHO Infrastructure Pty Ltd Employee Agreement 2016. The matter was heard in the Fair Work Commission, which has jurisdiction over such employment-related issues.

The central legal issues in the case revolved around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided appropriate protections and benefits for employees, was free from any unfair or coercive practices, and was in line with relevant awards and agreements.

The Fair Work Commission examined the proposed agreement in detail, considering the provisions related to employment conditions, including hours of work, wages, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement was generally fair and balanced, providing adequate protections for employees while also recognising the legitimate interests of the employer. It was noted that the agreement included standard terms that aligned with prevailing industrial conditions and did not introduce any terms that were significantly disadvantageous to employees. Consequently, the Commission approved the proposed agreement, recognising its fairness and compliance with statutory requirements.

WBHO Infrastructure Pty Ltd T/A WBHO

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established