DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Webforge Pty Ltd T/A Webforge
(AG2017/4945)

WEBFORGE (QLD) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2018

Application for approval of the Webforge (QLD) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Webforge (QLD) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Webforge Pty Ltd T/A Webforge. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is 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) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Webforge Pty Ltd T/A Webforge, an employer, sought approval of the Webforge (QLD) Enterprise Agreement 2017, which was negotiated with a trade union. The Fair Work Commission was asked to approve the agreement under the Fair Work Act 2009. The dispute arose as the union argued the agreement did not meet the requirements for approval, specifically in relation to the treatment of employees under the agreement.

The central legal issue was whether the agreement complied with the statutory criteria for approval under section 233 of the Fair Work Act. This involved examining whether the agreement provided for the fair and efficient determination of terms and conditions of employment, whether it was in the best interests of the employees covered by the agreement, and if it met the requirements of being "better off overall" for those employees. The union argued that the agreement did not meet these criteria due to certain clauses that they claimed disadvantaged employees.

The Commission found that the agreement did not meet the statutory criteria for approval. It held that the agreement did not adequately provide for the fair and efficient determination of terms and conditions of employment and was not in the best interests of the employees. The Commission further found that some employees would be worse off under the agreement, particularly in relation to the treatment of certain entitlements and conditions. Consequently, the application for approval of the agreement was dismissed. The Commission did not approve the Webforge (QLD) Enterprise Agreement 2017, as it did not meet the necessary legal standards for approval under the Fair Work Act.

Webforge Pty Ltd T/A Webforge

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established