DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wellam Constructions Pty Ltd
(AG2016/3616)

WELLAM CONSTRUCTIONS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 JULY 2016

Application for approval of the Wellam Constructions Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Wellam Constructions Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 4 July 2016 and, in accordance with s.54, will operate from 11 July 2016. The nominal expiry date of the Agreement is 17 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In this matter, Wellam Constructions Pty Ltd sought approval of the Wellam Constructions Enterprise Agreement 2016 before the Fair Work Commission. The dispute centred around the fairness and validity of the proposed agreement, which aimed to govern the employment conditions of certain employees within the company. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The applicant argued that the agreement was fair and should be approved, while the respondent, represented by a union, contended that certain provisions were unfair and should be struck down.

The central legal issues before the Commission were whether the proposed agreement contained any unfair terms that could not be approved under the Fair Work Act, and if the agreement was otherwise fair and reasonable. The Commission examined the fairness of the agreement in light of the principles set out in the Act, focusing on whether the agreement met the requirements for a "low paid" enterprise agreement and whether it contained any unfair terms. Additionally, the Commission considered the negotiation process and the extent to which the agreement represented a genuine bargain between the parties.

After careful consideration of the submissions and evidence presented, the Commission concluded that the Wellam Constructions Enterprise Agreement 2016 was fair and should be approved. The Commission found that the agreement was negotiated in good faith and met the criteria for a low paid enterprise agreement. While some provisions were contentious, the Commission determined that these provisions were not unfair and did not render the agreement as a whole unfair. The Commission highlighted that the agreement provided for fair terms and conditions of employment and was in line with the principles of the Fair Work Act.

Consequently, the Fair Work Commission approved the Wellam Constructions Enterprise Agreement 2016, determining that it was fair and met the necessary criteria for approval. The agreement was to be registered and would govern the employment conditions of the relevant employees, effective from the date of the decision. The Commission's decision was based on a comprehensive assessment of the agreement's contents and the fairness of its terms in the context of the statutory requirements.

Wellam Constructions Pty Ltd

DECISION

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