Webforge Australia Pty Ltd Summary

[2014] FWCA 4999

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Webforge Australia Pty Ltd
(AG2014/6639)

WEBFORGE NSW ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 24 JULY 2014

Application for approval of the Webforge NSW Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Webforge NSW Enterprise Agreement 2014the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Webforge Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 31 July 2014. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Webforge Australia Pty Ltd applied to the Fair Work Commission for approval of the Webforge NSW Enterprise Agreement 2014. The application was contested by the Communication Workers Union (CWU) who argued the agreement was not a "genuine" agreement within the meaning of section 230 of the Fair Work Act 2009. The CWU contended that the agreement was made under duress and did not fairly represent the interests of the employees.

The key issue for the Commission was whether the Webforge NSW Enterprise Agreement 2014 was a genuine agreement that had been made free from any improper influence or duress. The Commission examined the process by which the agreement was negotiated and whether there were any factors that may have unduly influenced the employees' decision to agree to the terms of the agreement. The Commission also considered the terms of the agreement itself and whether they were reasonable and fair.

The Commission found that the agreement was genuine and had been made free from any improper influence or duress. The Commission noted that the negotiation process was conducted in good faith and that there were no factors that would have unduly influenced the employees' decision to agree to the terms of the agreement. The Commission also found that the terms of the agreement were reasonable and fair, taking into account the economic and commercial circumstances of the parties. The Commission approved the Webforge NSW Enterprise Agreement 2014.

No further orders were made by the Commission.

Webforge Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established