DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

WBHO Infrastructure Pty Ltd
(AG2019/2204)

WBHO INFRASTRUCTURE PTY LTD EMPLOYEE AGREEMENT FOR ALCOA AUSTRALIA 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 19 AUGUST 2019

Application for approval of the WBHO Infrastructure Pty Ltd Employee Agreement for Alcoa Australia 2019.

[1] An application has been made for approval of an enterprise agreement known as the WBHO Infrastructure Pty Ltd Employee Agreement for Alcoa Australia 2019 (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. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 19 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, WBHO Infrastructure Pty Ltd applied for approval of the WBHO Infrastructure Pty Ltd Employee Agreement for Alcoa Australia 2019. The application involved the negotiation and approval of an enterprise agreement affecting employees under the agreement. The dispute centred on whether the agreement complied with the necessary legal standards for approval, particularly focusing on provisions concerning employee entitlements, conditions of employment, and procedural fairness.

The key legal issues before the Commission were whether the agreement contained all the mandatory terms and conditions required by the Fair Work Act 2009 and whether it was made in accordance with the procedural requirements of the Act. The Commission had to determine if the agreement met the criteria for approval, including whether it was made without coercion and provided for appropriate minimum terms and conditions. Furthermore, the Commission needed to consider if the process followed in reaching the agreement adhered to the relevant legislative and regulatory requirements.

The Commission examined the evidence and submissions provided by both parties, assessing whether the agreement adequately covered all mandatory terms and conditions and whether the process was free from any procedural flaws. After thorough consideration, the Commission found that the agreement was compliant with the statutory requirements and was made in a procedurally fair manner. The Commission approved the WBHO Infrastructure Pty Ltd Employee Agreement for Alcoa Australia 2019, determining that it met all necessary legal standards for registration.

No further orders were made by the Commission, as the primary application for approval of the agreement was granted. The approved agreement is now registered and legally binding for the specified employees, setting out their terms and conditions of employment.

WBHO Infrastructure Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established