Wellam Constructions Pty Ltd

[2022] FWCA 2563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wellam Constructions Pty Ltd

(AG2022/2456)

Wellam Constructions Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 1 AUGUST 2022

Application for approval of the Wellam Constructions Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Wellam Constructions Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Wellam Constructions Pty Ltd. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 1 August 2022 and, in accordance with s.54, will operate from 8 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wellam Constructions Pty Ltd, a company engaged in the construction industry, applied to the Fair Work Commission for the approval of a proposed enterprise agreement, the Wellam Constructions Enterprise Agreement 2022. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the company, and the need for the agreement to be considered fair and balanced. The Fair Work Commission, acting under the auspices of the Fair Work Act, was tasked with determining whether the proposed agreement met the criteria for being considered a simple, direct and clear agreement, and whether it was procedurally and substantively fair.

The primary legal issues before the Commission were whether the proposed agreement complied with the legislative requirements set out in the Fair Work Act, particularly the need for it to be a "simple, direct and clear" agreement, and whether the agreement was procedurally and substantively fair. The Commission had to consider the procedural fairness of the bargaining process leading to the agreement, and the substantive fairness of the terms contained within the agreement. This involved assessing whether the agreement was negotiated in good faith, and whether the terms of the agreement were fair and reasonable, taking into account the needs of both the employees and the employer.

The Commission found that the proposed agreement met the criteria for being considered simple, direct and clear. It was noted that the agreement had been negotiated in good faith, and that the terms of the agreement were fair and reasonable. The Commission considered the nature of the industry, the bargaining power of the parties, and the economic circumstances of the company and its employees. The Commission determined that the agreement was procedurally and substantively fair, and thus approved the Wellam Constructions Enterprise Agreement 2022. The Commission's decision was based on a comprehensive analysis of the evidence and submissions provided by both parties, and a consideration of the relevant legislative and judicial principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established