WBW Metal Fabrications Pty Ltd

[2014] FWCA 1432

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WBW Metal Fabrications Pty Ltd

(AG2014/3572)

WBW METAL FABRICATIONS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries

COMMISSIONER RYAN

MELBOURNE, 27 FEBRUARY 2014

Application for approval of the WBW Metal Fabrications Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the

WBW Metal Fabrications Enterprise Agreement 2014 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by WBW Metal
Fabrications Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 6

March 2014. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Commissioner Ryan considered an application for approval of the WBW Metal Fabrications Enterprise Agreement 2014. The applicant, WBW Metal Fabrications Pty Ltd, sought approval for the agreement under section 185 of the Fair Work Act 2009. The agreement in question is a single-enterprise agreement aimed at regulating the terms and conditions of employment within the manufacturing and associated industries sector. The primary focus of the application was to ensure that the agreement complied with all relevant provisions of the Fair Work Act.

The court was tasked with determining whether the agreement met the necessary criteria for approval as stipulated in sections 186, 187, and 188 of the Act. These sections require that the agreement be made in good faith, contain terms that are fair and reasonable, and include provisions for genuine bargaining. Additionally, the court had to assess whether the agreement provided for appropriate mechanisms to resolve disputes and ensure compliance. After reviewing the application and relevant documentation, Commissioner Ryan concluded that all necessary requirements had been met.

Commissioner Ryan found that the WBW Metal Fabrications Enterprise Agreement 2014 fulfilled the conditions set forth in the Fair Work Act. The agreement was deemed to be made in good faith and contained fair and reasonable terms. Furthermore, the agreement included appropriate provisions for dispute resolution and compliance mechanisms. Consequently, the agreement was approved, effective from 6 March 2014, and will remain in force until 31 January 2018, unless terminated earlier in accordance with the agreement's provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established