Weldlok Industries Pty Ltd

[2023] FWCA 3012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Weldlok Industries Pty Ltd

(AG2023/3068)

WELDLOK INDUSTRIES BELMONT ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 19 SEPTEMBER 2023

Application for approval of the Weldlok Industries Belmont Enterprise Agreement 2023

Weldlok Industries Pty Ltd has made an application for the approval of an enterprise agreement known as the Weldlok Industries Belmont Enterprise Agreement 2023 (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.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 4 July 2023 and the Agreement was made on 22 August 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 of the Act as are relevant to this application for approval have been met.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

The Agreement was approved on 19 September 2023 and, in accordance with s 54, will operate from 26 September 2023. The nominal expiry date of the Agreement is 19 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Weldlok Industries Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement, proposed by the company, aimed to govern the terms and conditions of employment for employees in the Belmont area. The dispute centred on the fairness and reasonableness of the proposed terms, which were contested by the union representing the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval.

The central legal issue before the Commission was whether the terms of the proposed agreement were procedurally and substantively fair. This involved assessing whether the agreement was genuinely negotiated and whether it provided for fair and reasonable terms of employment. The Commission also had to consider whether the agreement met the criteria set out in the Fair Work Act 2009, particularly concerning the protection of employee rights and the avoidance of unfair disadvantages.

The Commission found that the agreement was genuinely negotiated and provided for fair and reasonable terms of employment. It concluded that the proposed agreement met the statutory criteria for approval, ensuring that the rights of employees were protected and that there were no unfair disadvantages. The Commission took into account the specific circumstances of the bargaining process and the content of the agreement. It determined that the agreement was reasonable and appropriate for the employees covered by it. Consequently, the Fair Work Commission approved the Weldlok Industries Belmont Enterprise Agreement 2023.

The Fair Work Commission ordered the approval of the Weldlok Industries Belmont Enterprise Agreement 2023, effective from the date of the decision. This decision established the terms of employment for the employees covered by the agreement, subject to the provisions outlined in the approved document. The approval was based on the findings that the agreement was fairly negotiated and contained terms that were fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established