DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WBW Metal Fabrications Pty Ltd
(AG2020/32)

WBW METAL FABRICATIONS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 3 APRIL 2020

Application for approval of the WBW Metal Fabrications Enterprise Agreement 2019.

[1] Application has been made by WBW Metal Fabrications Pty Ltd for approval of a single enterprise agreement known as the WBW Metal Fabrications Enterprise Agreement 2019 (the Agreement).

[2] Written undertakings have been given in accordance with s.190 of the Act. 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. The undertakings are taken to be terms of the Agreement.

[3] With 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2020. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the WBW Metal Fabrications Enterprise Agreement 2019, the applicant, WBW Metal Fabrications Pty Ltd, sought approval from the Fair Work Commission. The dispute arose from negotiations between the company and the union representing its employees. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions, in line with the objectives of the Act. This involved assessing whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it complied with relevant provisions of the Fair Work Act and other industrial instruments. The Commission also had to consider whether the agreement was certified by an independent certifier as genuinely bargained.

In its decision, the Fair Work Commission determined that the agreement contained terms and conditions that were fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The Commission noted that the agreement had been independently certified, which indicated a genuine negotiation process. It concluded that the agreement appropriately balanced the interests of both the employer and the employees, and complied with the relevant provisions of the Act.

The Fair Work Commission approved the WBW Metal Fabrications Enterprise Agreement 2019, recognising it as a valid and enforceable enterprise agreement. This decision confirmed the terms and conditions outlined in the agreement, providing legal certainty for both the employer and the employees.

WBW Metal Fabrications 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