DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Webforge Australia Pty Ltd T/A Webforge (QLD)
(AG2021/4386)

WEBFORGE (QLD) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 21 APRIL 2021

Application for approval of the Webforge (QLD) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Webforge (QLD) Enterprise Agreement 2020 (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 (QLD) (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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] The Agreement does not contain a model flexibility term or a model consultation term compliant with the Act. Pursuant to ss. 202(4) and 205(2) of the Act, the model flexibility term and the model consultation term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Webforge Australia Pty Ltd T/A Webforge (QLD) sought approval of the Webforge (QLD) Enterprise Agreement 2020 from the Fair Work Commission. The application involved various aspects of the agreement, including its coverage, terms, and compliance with relevant labour laws. The court's primary role was to determine whether the agreement met the necessary criteria for approval, particularly focusing on its fairness and compliance with the Fair Work Act 2009.

The legal issues before the court centred on whether the enterprise agreement was genuinely bargained, free from coercion, and fair to all parties involved. This involved scrutiny of the negotiation process, the terms of the agreement, and the extent to which it complied with the statutory requirements. The court had to assess if the agreement was made in good faith, if it provided a safety net for employees, and if it adhered to the procedural fairness standards set forth by the Fair Work Act.

The Fair Work Commission concluded that the Webforge (QLD) Enterprise Agreement 2020 met the criteria for approval. The court found that the agreement was the result of genuine bargaining, free from any undue influence or coercion. Furthermore, the terms of the agreement were deemed fair and provided an adequate safety net for employees, aligning with the requirements of the Fair Work Act. The court emphasised the importance of procedural fairness and noted that all parties had been given a reasonable opportunity to be heard during the negotiation process.

The final orders of the court approved the Webforge (QLD) Enterprise Agreement 2020, confirming its validity and enforceability. The decision underscored the importance of ensuring that enterprise agreements comply with statutory requirements and that they are genuinely negotiated and fair to all parties involved.

Webforge Australia Pty Ltd T/A Webforge (QLD)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established