DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wearn Services Pty Ltd T/A Wearn Services Pty Ltd
(AG2021/6896)

WEARN SERVICES PTY LTD MAINTENANCE PERSONNEL ENTERPRISE AGREEMENT 2021-24

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 SEPTEMBER 2021

Application for approval of the Wearn Services Pty Ltd Maintenance Personnel Enterprise Agreement 2021-24.

[1] An application has been made for approval of an enterprise agreement to be known as the Wearn Services Pty Ltd Maintenance Personnel Enterprise Agreement 2021-24 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wearn Services Pty Ltd T/A Wearn Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 7 September 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 7 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wearn Services Pty Ltd, trading as Wearn Services Pty Ltd, was the subject of an application for the approval of their Maintenance Personnel Enterprise Agreement 2021-24. The application was heard in the Fair Work Commission. The dispute arose as the employer and the union representing the maintenance personnel were unable to reach an agreement on certain terms and conditions of employment.

The legal issues before the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009 and whether it provided for minimum entitlements. The Commission was also required to assess if the agreement was made in good faith and if it adhered to the principles of the Fair Work Act. Furthermore, the court needed to determine whether the agreement was appropriately certified and if it complied with the provisions concerning minimum wages and other employment conditions.

In its reasoning, the Commission considered the provisions of the Fair Work Act and relevant regulations. It examined whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, leave entitlements, and other employment benefits. The Commission also assessed the process of making the agreement, including if the union had genuinely represented its members and if the employer had acted in good faith. After careful consideration, the Commission approved the agreement, finding that it met the statutory requirements and provided for fair terms and conditions of employment.

The final orders included the approval of the Maintenance Personnel Enterprise Agreement 2021-24, subject to the conditions outlined by the Commission. This decision ensures that the agreement is legally binding and enforceable between Wearn Services Pty Ltd and the maintenance personnel represented by the union.

Wearn Services Pty Ltd T/A Wearn Services 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