DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Weldlok Industries Pty Ltd
(AG2020/3606)

WELDLOK INDUSTRIES BANYO ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 22 DECEMBER 2020

Application for approval of the Weldlok Industries Banyo Enterprise Agreement 2020.

[1] Weldlok Industries Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Weldlok Industries Banyo Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from the employee bargaining representative to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2020. The nominal expiry date of the Agreement is three years from the date of approval in accordance with clause 3.2 of the Agreement.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Weldlok Industries Pty Ltd sought approval for the Weldlok Industries Banyo Enterprise Agreement 2020. The application was brought before the Fair Work Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement contained appropriate provisions for the protection of employees' rights and conditions of employment.

The primary legal issues revolved around whether the agreement adhered to the Fair Work Act’s requirements for enterprise agreements, including whether it contained minimum entitlements, was free from prohibited content, and was made in good faith. Additionally, the Commission needed to ascertain whether the agreement had been properly negotiated and whether the necessary procedural requirements were met, including the provision of relevant documents and the opportunity for employee representation.

The Fair Work Commission assessed the agreement against the statutory criteria, concluding that it did meet the necessary legal standards. The Commission found that the agreement provided for fair terms and conditions of employment, included appropriate minimum entitlements, and was free from prohibited content. The Commission also determined that the agreement was made in good faith and that the necessary procedural steps had been followed. Consequently, the Commission approved the agreement under the Fair Work Act.

The Fair Work Commission approved the Weldlok Industries Banyo Enterprise Agreement 2020, recognising it as compliant with the statutory requirements set out in the Fair Work Act 2009. This approval ensures that the terms of the agreement are legally enforceable, providing a framework for the employment conditions of the parties involved.

Weldlok Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established