DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Weldtek Pty Ltd
(AG2019/3779)

WELDTEK PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 OCTOBER 2019

Application for approval of the Weldtek Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Weldtek Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Weldtek Pty Ltd. The Agreement is a single enterprise agreement.

[2] I observe that clause 18.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer 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. The undertakings are taken to be a term of the agreement.

[4] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement was approved on 28 October 2019 and, in accordance with s.54, will operate from 4 October 2019. The nominal expiry date of the Agreement is 27 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Weldtek Pty Ltd, the applicant, sought approval for the Weldtek Pty Ltd Enterprise Agreement 2019 from the Fair Work Commission. The application was opposed by the Australian Manufacturing Workers' Union, who raised objections concerning the agreement's provisions. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, particularly regarding the bargaining process and the content of the agreement. The respondent argued that the agreement did not fairly reflect the terms of the bargaining process and contained provisions that were potentially unfair or unreasonable. The Commission had to assess whether the agreement was genuinely negotiated and whether it contained terms that were fair and reasonable in all aspects.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and that the terms of the agreement were fair and reasonable. The Commission determined that the bargaining process was conducted in good faith and that the agreement reflected the outcomes of that process. The respondent's objections were not substantiated, and the Commission concluded that the agreement met all the necessary criteria for approval. As a result, the application for approval of the Weldtek Pty Ltd Enterprise Agreement 2019 was successful.

The Fair Work Commission approved the Weldtek Pty Ltd Enterprise Agreement 2019. The Commission found that the agreement was genuinely negotiated and contained fair and reasonable terms. The objections raised by the respondent were dismissed, and the agreement was approved as per the application.

Weldtek 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