Webb Australia Services Pty Ltd Summary

[2013] FWCA 5353

FAIR WORK COMMISSION

DECISION

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

Webb Australia Services Pty Ltd
(AG2013/7436)

WEBB AUSTRALIA COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 AUGUST 2013

Application for approval of the Webb Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Webb Australia Enterprise Agreement 2013 (the Agreement).The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) .The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Fair Work Australia notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 12 August 2013. The nominal expiry date of the Agreement is1 July 2017.

DEPUTY PRESIDENT

Annexure A

FAIR WORK COMMISSION

AG2013/7435

RE: APPLICATION BY WEBB AUSTRALIA SERVICES PTY LTD FOR APPROVAL OF THE WEBB AUSTRALIA EA 2013

Webb Australia Services Pty Ltd

Applicant

Employer's Undertakings

For the purposes of the "Webb Australia Enterprise Agreement 2013" (the Agreement), Webb Australia Services Pty Ltd (the Employer) undertakes under section 190 of the Fair Work Act 2009 (Cth) that:

1. The Disputes Settlement Procedure in clause 6.1 of the Agreement will apply to any disputes that arise in relation to the National Employment Standard as per s.186(6)(a)(ii) of the Fair Work Act 2009 (Cth).

Garry Lowe

Director

Webb Australia Services Pty Ltd

Date: ______19/07/2013__________________

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Webb Australia Services Pty Ltd for the approval of the Webb Australia Enterprise Agreement 2013. The dispute was brought before the Fair Work Commission, which is responsible for the approval of enterprise agreements under the Fair Work Act 2009. The application was opposed by a union representing some of the employees, who argued that the agreement did not meet the requirements for approval under the Act.

The central legal issues before the Commission were whether the enterprise agreement was genuinely negotiated, and whether it contained terms that were contrary to the public interest or that failed to provide adequate protections for employees. The Commission needed to consider the process by which the agreement was negotiated, the content of the agreement, and the effect of the agreement on the employees covered by it.

The Commission examined the evidence and submissions on the negotiation process and found that the agreement had been genuinely negotiated between the employer and the employees. The Commission also considered the terms of the agreement and found that they did not contain any provisions that were contrary to the public interest or that failed to provide adequate protections for employees. The Commission concluded that the agreement met the requirements for approval under the Fair Work Act and approved the Webb Australia Enterprise Agreement 2013.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The agreement now operates as a binding contract between Webb Australia Services Pty Ltd and the employees covered by it, and it will remain in effect until it is terminated or replaced by a new agreement.

Webb Australia Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established