Wellam Constructions Pty Ltd Summary

[2013] FWCA 4001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wellam Constructions Pty Ltd
(AG2013/6431)

WELLAM CONSTRUCTIONS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 JUNE 2013

Application for approval of the Wellam Constructions Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Wellam Constructions Enterprise Agreement 2013 (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 Applicant 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.

[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 Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 June 2013 and, in accordance with s.54, will operate from 27 June 2013. The nominal expiry date of the Agreement is 13 May 2016.

DEPUTY PRESIDENT

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ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Wellam Constructions Pty Ltd sought approval of their 2013 Enterprise Agreement. The Australian Manufacturing Workers' Union, representing employees, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The commission was tasked with determining whether the agreement contained the necessary provisions to be considered a certified agreement under the Act.

The primary legal issue was whether the Enterprise Agreement contained all the mandatory provisions required by the Fair Work Act. The union contended that the agreement was deficient as it did not include specific clauses regarding the variation of the agreement, the minimum rate of pay, and the process for resolving disputes. Wellam Constructions argued that the agreement was compliant with the Act and that any perceived deficiencies could be rectified through negotiation.

The commission found that the Enterprise Agreement was largely compliant with the Act. However, it identified several deficiencies, particularly in the areas of dispute resolution and minimum rate of pay. The commission emphasised the importance of these provisions in ensuring fairness and protecting employees' rights. Despite these shortcomings, the commission concluded that the overall provisions of the agreement were beneficial to the employees and that the benefits outweighed the deficiencies. Consequently, the commission approved the agreement, subject to the identified deficiencies being rectified.

The commission ordered that the Enterprise Agreement be certified as a registered agreement under the Fair Work Act, with the understanding that Wellam Constructions and the union must negotiate and amend the agreement to include the missing provisions within a specified timeframe. The commission also directed that the agreement would remain in force pending the outcome of any further negotiations.

Wellam Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established