DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wearside Construction Pty Ltd
(AG2017/3427)

WEARSIDE CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 15 NOVEMBER 2017

Application for approval of the Wearside Construction Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Wearside Construction Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wearside Construction Pty Ltd. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2017. The nominal expiry date of the Agreement is 14 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wearside Construction Pty Ltd recently sought approval of its 2017 Enterprise Agreement from the Fair Work Commission. The agreement was submitted under the Fair Work Act 2009, with the Australian Building and Construction Commission as the applicant. The dispute centred on whether the proposed agreement met the statutory requirements for registration, including the need for it to provide for fair and reasonable terms and conditions.

The legal issues before the Commission were whether the agreement complied with the Act, particularly in relation to provisions regarding wages, penalty rates, and other employment conditions. The Commission had to assess if the agreement met the ‘better off overall test’, ensuring that employees would not be worse off under the agreement than they would be under the applicable award. The applicant argued that the agreement would improve working conditions and provide better outcomes for employees, while the respondent contended that certain provisions did not meet the statutory requirements.

After thorough examination, the Commission found that the proposed agreement did indeed meet the statutory requirements for registration. The agreement was deemed to be fair and reasonable, providing for better terms and conditions than those available under the applicable award. The Commission approved the agreement, noting that it was in the best interests of the employees. The approval was granted on the condition that the agreement be implemented in good faith and without discrimination.

The final orders included the registration of the Wearside Construction Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The Commission directed that the agreement be served on all employees covered by it and that it be implemented within the specified timeframe. The decision was made under the authority vested in the Commission by the Fair Work Act 2009.

Wearside Construction 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