DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Webforge Australia Pty Ltd T/A Webforge Locker
(AG2018/6992)

WEBFORGE LOCKER WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 JANUARY 2019

Application for approval of the Webforge Locker Western Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Webforge Locker Western Australia Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Webforge Australia Pty Ltd T/A Webforge Locker. The Agreement is a single enterprise agreement.

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 6.3(f) - Relationship to Parent Award and the NES

• Clauses 14.1 and 14.5(a) - Redundancy

However, noting clause 6.2 of the Agreement, 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 5 February 2019. The nominal expiry date of the Agreement is 12 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Webforge Australia Pty Ltd, trading as Webforge Locker, applied for approval of the Webforge Locker Western Australia Enterprise Agreement 2019. The agreement was proposed to cover employees in Western Australia who were classified under the Printing and Related Industries Award 2010. The application was made under section 233 of the Fair Work Act 2009, and the proceedings were conducted in the Commission's Melbourne office.

The legal issues before the Commission involved verifying whether the agreement met the requirements for registration under the Fair Work Act, including ensuring that it was a genuine enterprise agreement, it provided for the matters specified in section 230 of the Act, and it did not discriminate against employees. The Commission had to consider submissions from both Webforge Australia and the Australian Manufacturing Workers Union, which represented some of the employees. The primary concern was whether the agreement appropriately balanced the interests of both parties and complied with the legislative requirements.

After reviewing the submissions and the contents of the proposed agreement, the Commission found that the Webforge Locker Western Australia Enterprise Agreement 2019 was a genuine enterprise agreement. It appropriately provided for the mandated matters, including wages, conditions of employment, and dispute resolution mechanisms. The agreement was also deemed not to contain any discriminatory provisions. Therefore, the Commission approved the agreement, acknowledging that it met all the necessary legislative criteria for registration.

The Fair Work Commission approved the Webforge Locker Western Australia Enterprise Agreement 2019, allowing it to be registered and effective from the date of the approval. This decision provided clarity and certainty for both the employer and the employees covered by the agreement, ensuring that their employment terms and conditions were legally recognised and enforceable.

Webforge Australia Pty Ltd T/A Webforge Locker

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established