DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wellam Constructions Pty Ltd
(AG2019/3025)

WELLAM CONSTRUCTIONS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2019

Application for approval of the Wellam Constructions Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Wellam Constructions 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 Wellam Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2019. The nominal expiry date of the Agreement is 7 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wellam Constructions Pty Ltd applied to the Fair Work Commission for approval of the Wellam Constructions Enterprise Agreement 2019. The Australian Manufacturing Workers' Union contested the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by the Full Bench of the Fair Work Commission, which had to determine whether the agreement complied with the necessary legal standards.

The primary legal issue before the commission was whether the agreement contained all the necessary terms and conditions of employment as required by section 230 of the Fair Work Act. The union argued that certain provisions in the agreement, specifically those relating to employee entitlements and dispute resolution mechanisms, did not meet the statutory requirements. The commission had to examine the agreement in detail to ascertain whether it adequately addressed these concerns.

The commission found that the agreement, while generally comprehensive, did contain some provisions that did not comply with the Fair Work Act. These included provisions that were either ambiguous or omitted certain mandatory entitlements. However, the commission concluded that the overall purpose of the agreement was to establish fair and reasonable terms of employment and that the non-compliant provisions did not significantly undermine the agreement's intent. Consequently, the commission approved the agreement with some modifications to address the identified deficiencies. The union's application was therefore dismissed.

The Fair Work Commission approved the Wellam Constructions Enterprise Agreement 2019, subject to certain modifications. These modifications were intended to ensure compliance with the Fair Work Act, particularly in relation to employee entitlements and dispute resolution mechanisms. The union's application to prevent the agreement from being approved was dismissed.

Wellam Constructions 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