Weldlok Industries Pty Ltd Summary

[2013] FWCA 1852

FAIR WORK COMMISSION

DECISION

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

Weldlok Industries Pty Ltd
(AG2013/686)

WELDLOK INDUSTRIES BANYO QLD ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 28 MARCH 2013

Application for approval of the Weldlok Industries Banyo Qld Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Weldlok Industries Banyo Qld Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Weldlok Industries Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 4 April 2013. The nominal expiry date is two (2) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involved an application for the approval of an enterprise agreement between Weldlok Industries and its employees, as represented by the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought before the Fair Work Commission, Australia's national workplace relations tribunal, to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The agreement in question sought to establish terms and conditions of employment for employees at Weldlok Industries' Banyo, Queensland site for the period 2013-2015.

The primary legal issues before the Commission were whether the agreement had been made genuinely and freely, without coercion, and whether it contained all the required terms as stipulated by the Act. Specifically, the Commission had to ascertain whether the agreement provided for the minimum entitlements set out in the national system of workplace relations and whether it contained the mandatory terms that could not be the subject of bargaining. The Commission also needed to be satisfied that the agreement had been properly negotiated and that it was in the best interests of the employees involved.

The Fair Work Commission examined the evidence presented by both parties, including witness testimonies and documentary evidence, to determine the legitimacy of the agreement's negotiation process and its contents. The Commission found that the agreement had been made genuinely and without any form of coercion. Furthermore, the agreement contained all the required terms as stipulated by the Act, including minimum entitlements and the mandatory terms that could not be the subject of bargaining. The Commission also concluded that the agreement was in the best interests of the employees involved and had been properly negotiated. Based on these findings, the Commission approved the application for the agreement's approval.

The Fair Work Commission approved the application for the Weldlok Industries Banyo Qld Enterprise Agreement 2013-2015, finding that the agreement met all legal requirements for approval under the Fair Work Act 2009. The agreement is now a legally binding document governing the terms and conditions of employment for employees at the Banyo site during the specified period.

Weldlok Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established