Webforge Australia Pty Ltd T/A Webforge Locker

[2022] FWCA 1526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Webforge Australia Pty Ltd T/A Webforge Locker

(AG2022/1214)

Webforge Locker Maddington Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 MAY 2022

Application for approval of the Webforge Locker Maddington Enterprise Agreement 2022

Webforge Australia Pty Ltd T/A Webforge Locker has made an application for the approval of an enterprise agreement known as the Webforge Locker Maddington Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement was approved on 5 May 2022 and, in accordance with s 54, will operate from 12 May 2022. The nominal expiry date of the Agreement is 12 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Webforge Australia Pty Ltd, trading as Webforge Locker, applied to the Fair Work Commission for approval of the Webforge Locker Maddington Enterprise Agreement 2022. The application was made pursuant to section 232 of the Fair Work Act 2009. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA) on behalf of some of the employees, who argued that the agreement did not meet the 'better off overall test'. The SDA contended that the proposed agreement did not provide employees with a fair and reasonable package of terms and conditions when compared to the applicable awards.

The central legal issue for the Commission was whether the proposed enterprise agreement provided employees with terms and conditions that were no worse than those provided by the applicable award, and whether it was likely to be accepted by a majority of the relevant employees. The Commission needed to determine whether the proposed agreement met the 'better off overall test' and whether it contained all the mandatory terms prescribed by the Act.

In assessing the application, the Commission considered the evidence provided by both parties and evaluated the terms and conditions of the proposed agreement against the applicable award. The Commission found that the proposed agreement did provide employees with terms and conditions that were at least as good as, and in some cases better than, those provided by the award. Furthermore, the Commission was satisfied that the proposed agreement contained all the mandatory terms prescribed by the Act. The Commission also considered the likelihood of the agreement being accepted by a majority of the relevant employees and found that it was likely to be accepted. Accordingly, the Commission approved the Webforge Locker Maddington Enterprise Agreement 2022.

The Fair Work Commission approved the Webforge Locker Maddington Enterprise Agreement 2022. This decision is significant as it highlights the importance of meeting the 'better off overall test' when seeking to approve an enterprise agreement. The Commission's decision also emphasises the need for employers and employees to negotiate in good faith to reach an agreement that is acceptable to both parties. The Commission's approval of the agreement will provide certainty and stability to the parties and their employees, and will facilitate the operation of a fair and efficient workplace.

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