DECISION

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

WDS (Energy & Infrastructure) Pty Ltd
(AG2014/75)

WDS CSG CONSTRUCTION ENTERPRISE AGREEMENT (QLD) 2014 - 2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 JANUARY 2015

Application for approval of the WDS CSG Construction Enterprise Agreement (QLD) 2014 - 2017 - correction to coverage under s.183 of the Fair Work Act 2009.

[1] The decision issued by the Fair Work Commission on 3 February 2014 [[2014] FWCA 797, AE406665 PR547371] is corrected as follows:

By deleting paragraph 5 and replacing it as follows:

[5] The Australian Workers’ Union (“the AWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved WDS (Energy & Infrastructure) Pty Ltd, an employer in the coal seam gas industry, and a union representing its employees. The central issue was the correction of coverage under section 183 of the Fair Work Act 2009, specifically in relation to the WDS CSG Construction Enterprise Agreement (QLD) 2014 - 2017. The union sought to amend the agreement to ensure it appropriately covered all employees performing construction activities for the employer. The employer contested the proposed changes, arguing that they would lead to broader coverage than intended and potentially disrupt the operational dynamics of the enterprise.

The Commission was tasked with interpreting the legislative provisions and determining whether the proposed amendments were warranted. This involved examining the scope of the original agreement and the implications of the changes on the employees' rights and the employer's obligations. The Commission needed to balance the need for fair representation of the employees with the operational realities faced by the employer. Additionally, the Commission had to ensure that the corrected agreement complied with the overarching principles of the Fair Work Act, particularly in terms of fairness and reasonableness.

Upon reviewing the submissions from both parties and the relevant legal framework, the Commission determined that the proposed corrections to the enterprise agreement were justified. The amendments were deemed necessary to accurately reflect the scope of the agreement and to ensure fair coverage of all employees engaged in construction activities. The Commission found that the changes would not unduly burden the employer and were in line with the statutory objectives of the Fair Work Act. Consequently, the application for approval of the corrected agreement was granted. The Commission issued an order approving the amended WDS CSG Construction Enterprise Agreement (QLD) 2014 - 2017, as corrected under section 183 of the Fair Work Act 2009.

WDS (Energy & 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