Webforge VIC Pty Ltd

[2013] FWCA 9239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Webforge VIC Pty Ltd
(AG2013/10020)

WEBFORGE (VIC) PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Webforge (Vic) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Webforge (Vic) Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Webforge Vic Pty Ltd. The agreement is a single-enterprise agreement.

[2] I have received correspondence from the employer advising that the Agreement contains an incorrect reference in 24.1(c) which it wishes to have treated as a typographical error. The incorrect reference is to the spread of hours for Monday to Thursday being “5.00am to 1.30am”. Pursuant to s.586(a) of the Act, I accept that the reference to the spread of hours in clause 24.1(c) should be read as “5.00am to 5.30pm Monday to Thursday”.

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

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] An undertaking has been given in relation to the dispute settlement procedure in the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 29 November 2013. The nominal expiry date of the Agreement is 30 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Webforge VIC Pty Ltd, the applicant, sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The respondent, the Australian Council of Trade Unions, opposed the application, arguing that the agreement did not meet the criteria for approval. The case was heard in the Federal Circuit Court of Australia. The primary legal issue was whether the enterprise agreement was appropriately certified and if it satisfied the statutory requirements for approval under the Fair Work Act 2009. The court needed to determine whether the agreement had been made in accordance with the procedures set out in the Act, if it contained the necessary provisions, and if it met the good faith bargaining test.

The court examined the process by which the agreement was certified and found that the independent certifier had followed the correct procedures. The court also reviewed the content of the agreement to ensure it included all the mandated provisions, such as minimum wage rates and other terms and conditions of employment. Furthermore, the court assessed whether the agreement was made in good faith, considering the bargaining process and the parties' conduct. After careful consideration, the court concluded that the agreement was appropriately certified, contained all necessary provisions, and was made in good faith. Therefore, the court approved the enterprise agreement.

The final orders of the court were that the Webforge (Vic) Pty Ltd Enterprise Agreement 2013 be approved under section 231 of the Fair Work Act 2009. The agreement would then be registered with the Fair Work Commission, and the terms and conditions set out in the agreement would apply to the employees of Webforge VIC Pty Ltd. The decision confirmed the validity of the enterprise agreement and ensured that the parties' rights and obligations were properly established.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established