DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wearn Services Pty Limited
(AG2015/5392)

WEARN SERVICES PTY LTD MAINTENANCE PERSONNEL ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for approval of the Wearn Services Pty Ltd Maintenance Personnel Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wearn Services Pty Ltd Maintenance Personnel Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wearn Services Pty Limited. 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is 14 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wearn Services Pty Limited applied to the Fair Work Commission for approval of the Wearn Services Pty Ltd Maintenance Personnel Enterprise Agreement 2015. The applicant is an employer in the engineering, construction, manufacturing, and energy industries. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it was made in good faith and free of coercion, duress or unfair tactics.

The legal issues before the Commission included whether the agreement provided for the proper operation of the enterprise, whether it contained all the terms required by the Act, and whether it was made in accordance with the good faith bargaining obligations. The Commission needed to determine if the agreement provided for proper consideration of the employees' interests and whether it was free from any improper influences.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary terms. It was concluded that the agreement provided for the proper operation of the enterprise and was free of any improper influences. The Commission approved the agreement, finding that it met all the legislative requirements and was beneficial to both parties.

The Commission's decision was based on a thorough examination of the evidence presented, including the bargaining process and the terms of the agreement. The Commission concluded that the agreement was fair and reasonable and provided for the proper operation of the enterprise. The final orders of the Commission were that the Wearn Services Pty Ltd Maintenance Personnel Enterprise Agreement 2015 be approved.

Wearn Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established